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Home My WebLink About07-4015L. l . ~' Stipulations Against Liens ~Jn tfje court of ~ommou ~Ceag ~ountp of DWAYNE DEIMLER and Cumberland ELIZABETH P. KNOUSE Owner Dwayne Deimler Homes Docket Number o 7- Yv i.S Nt ~ +' Contractor Page Number AND now this 2nd day of July, in the year of our=~,ord, 2007, Pennsylvania Term 20 ~fjereag, Dwayne Deimler Homes ("Contractor") of Mechanicsburg, PA, has entered into a contract with DWAYNE DEIMLER and ELIZABETH P. KNOUSE ("Owner") of 3820 Mountain View Road, Mechanicsburg, PA 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #50, Misty Meadows, Carlisle, PA 17013South Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which DWAYNE DEIMLER and ELIZABETH P. KNOUSE are the title holder of record; and ~fjereag, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. ~o1u, ~Cfji~ agreement '~itue~~etfj: That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any part hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. ~nb this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the building as well as to any work and labor done and materials furnished under the contract aforesaid. ~nb, in order to give the Owner full power and authority to protect Owner and the building, improvements and lot of ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name of any one or more of them against the building, improvements, lot of ground or any part thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the same. Witness our hands and seals the day and year aforesaid. DWAYI'~ DEIMLER ' ~t~,Z~,_ ELIZA P. KNOUS DWAY E DEIMLER, PRE IDENT DWAYNE DEIMLER HOMES Signed and sealed in the presence of: R ~,~, File No. 28664-A-DEIMLER ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Final Resubdivison Plan prepared by Advantage Engineering Services, Inc. dated July 25, 2002, and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 86, Page 124, as follows: BEGINNING at a point along the eastern right of way line of Springville Road and the dividing line along Lot No. 50; thence from said point of beginning, North 04 degrees 06 minutes 52 seconds West 198.37 feet to a point; thence along the northern right of way of East Countryside Drive and the dividing line of Lot No. 50 by a curve to the right having a radius of 16.00 feet, an arc distance of 25.13 feet; thence continuing along the northern right of way line of East Countryside Drive and the dividing line of Lot No. 50 North 85 degrees 53 minutes 08 seconds East 50.75 feet to a point; thence continuing along the northern right of way line of East Countryside Drive and the dividing line along Lot No. 50 by a curve to the right having a radius of 175.00 feet, an arc distance of 20.77 feet; thence continuing along the northern right of way line of East Countryside Drive and the dividing line of Lot No. 50 South 87 degrees 18 minutes 49 seconds East 142.66 feet to a point; thence along the dividing line between Lot No. 50 and Lot No. 49, South 02 degrees 41 minutes 11 seconds West 288.55 feet to a point; thence along Lot No. 50, South 83 degrees 02 minutes 08 seconds West 75.24 feet to a point; thence along the dividing line of Lot No. 50 and lands now or formerly of Jody A. and Jack A. Wheeler, North 03 degrees 55 minutes 12 seconds West 100.00 feet to a point; thence continuing along the dividing line of Lot No. 50 and lands now or formerly of Jody A. and Jack A. Wheeler, South 83 degrees 02 minutes 08 seconds West 133.82 feet to a point and the place of BEGINNING. CONTAINING 52,422.86 square feet and designated as Lot No. 50 on the final Resubdivision Plan Phase I of Misty Meadows as aforesaid. ~ ~~ - ~ ~ ~~ ~ ~ c O ~ ~ c , ~, .... c a ~~ w ~~ ~ ~ ~~ , i ` C.J ?'s i~ ~~ _ ~a ~ ui ~. , i/~ ~ Y. ~~, J ~ \ t-.' .v M1 ~ . ~~ y~7 1 'ti _ ~ V . AJ , /J ~ ~ R -{ ~ b C/ l/'~~`l V