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HomeMy WebLinkAbout07-4547Stipul~.i~ns Against Liens JULY 24, 2007 Y ~1n the court of Common ~Cea~ ~ouuty of D WA YNE A. DEIMLER Cumberland Otivner PellilSL'(1'Qq[Q DWAYNE DEIMLER HOMES Docket Number d^f _ ~/S' y~' /Tj~ Term 20 Confructor Page Number ~bereag, DWAYNE DEIMLER HOMES ("Contractor") of 3820 MOUNTAINVIEW ROAD MECHANICSBURG, PA 17050, has entered into a contract with DWAYNE A. DEIMLER ("Owner") of 3820 Mountain View Road, Mechanicsburg, PA 17055, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as West Lisburn Road, Mechanicsburg, PA 17055Upper Allen Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which DWAYNE A. DEIMLER is the title holder of record; and ~1)erea~, 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, Whig Agreement ~itne~~et(~: 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. Ana 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. Etta, 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. DWAY E A. DEIMLER DWAYNE DEIMLER HOMES BY ~.Y DWAY E A. DEIMLER File No. 28794DEIMLER ALL THAT CERTAIN lot or tract of land situate in the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a brad on the southern line of the road leading from Bowmansdale to U.S. Route No. 15, known as the Lisburn Road, which brad is at the Northeast corner of lands now or late of Conrad C. and Mary Wilbur; thence South 3 degrees 30 minutes East by lands of same for a distance of 200 feet to a point at lands now or formerly of the Grantors herein; thence North 78 degrees 23 minutes West by lands of same for a distance of 100 feet to a point at the Southeast corner of lands of W.O. and Abbie Bert Winger; thence 3 degrees 30 minutes West by lands of same for a distance of 200 feet to a brad on the southern line of Lisburn road; thence South 78 degrees 23 minutes East by the southern line of the said road for a distance of 100 feet to the point and place of BEGINNING. BEING THE SAME PREMISES which Cherie A. Keller, Executrix of the Estate of Robert Luther Keller, deceased by Deed dated February 9, 2007 and recorded February 15, 2007 in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania in Deed Book 278, page 3932, granted and conveyed unto Robert E. Morret and Lucille E. Morret, husband and wife, Grantors herein. BEING THE SAM PREMISES which Robert E. Morret and Lucille E. Morret, husband and wife by their Deed dated ~ ,2007 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cumberlan ,Pennsylvania, granted and conveyed unto Dwayne A. Deimler, a married individual, Mortgagor herein. 1~ O c ~ ~ ~ ~` ~ ~ ~ ~. . +~, -tom n C? ~ ~~ f'S"z ['r :_~:' r: (f;A 1' _v~-~. ~G ev 0 ~~ 'C7 W z- ~~ o w