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HomeMy WebLinkAbout07-4466,Stipu!atians Against'~i ns '' Ralph J Bresnan and Nancy G. Bresnan Owner Home Designs Unlimited, Inc. In the Court of Common Pleas County of Cumberland ,Pennsylvania Docket Number ~7 , L/y~o ~v ~ L jj Term 2007 Contractor Page Number V+fhereas , Home Designs Unlimited, Inc. ("Contractor") of 199 Beagle Club Road, Carlisle, PA 17013, has entered into a contract with Ralph J. Bresnan and Nancy G. Bresnan ("Owner") of 11925 Westwood Lane, Highland, IL 62249, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 265 Pine Creek Drive, Carlisle, PA 17013, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Ralph J. Bresnan and Nancy G. Bresnan are the title holder of record; and TnThereas, 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. Now, This Agreement Witnesseth: 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. And 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. And, 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. ~~ ~3. a~a7 Signed and sealed in the presence of: ~~ R Iph J. Bresnan ~~ -~._ ncy ~ . r snap Home D 'gns Unlimited, Inc. By: David Thompson, President • ~ - ,„-- File No.: 07-1442 4 Commonwealth of Pennsylvania } County of Cumberland } ss / On this '~G` day of u( , 2007, before me, the undersigned Notary Public, personally appeared David Thompson, President of Home Desi ns Unlimited, Inc. ,known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within nstrument, and acknowledge that they executed same for the purposes therein contained. EREOF, J,Merewith set my hand and official seal. IPNUI. J. 8UFK0 NoM~y Publc CAALI~E 80R000H GAi~l1ND COUNTY STATE OF NEV COINJiY pFa Notary c ~' j ~ l (~, ~ V My commission expires Ce+i~eaw ss On this o2 3 day of J , 2007, before me, the undersigned Notary Public, personally appeared, Ralph J. Bresnan and Nancy G. Bresn known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledge that they executed same for the purposes therein contained. IN WITNESS THEREOF, I herewith set my hand and official seal. Notar~Public lU - a`~--~'~ at OD ~ My commission expires MIAp1.YN e. dERARDO NOTARY PUBLIC ppS{{TATE OF NEVADA ~CN411Ik Ems: 10-2&2009 No: 05.100619.1 ...`J ~~.!$ .L .~l/IlR ~, ~~! ~pfgiA Y~Y1Ui:' . ~ ':.vs;:,n1~ », a " iki.l-s? . • . '- Exhibit A ALL THAT CERTAIN tract of land situate in North Middleto~na Subdivision onaord County, Pennsylvania, designated as Lot No_ 97 an th® P~hdse G of the ~Ilage of Crass Creek dated June fan d ounty in P1atl Bookt9l Office of the Recorder of Deeds In and for Cumber as follows: pogo g8, more porticvlarly bounded and described, BEGINNING at a point on the western right-of;wcty lire Qfong {n rw~stern rrightt-of, point being the southeastern corner of Lot 98, thene . way line of Pine Creek Drive, by a curve to the left h j o; W a dlala~~~ 08 ~°3°~8°~0 vrc length of 73.77' and a chord bedhng of S 13°03 Q point; thence, along Lot 96 N X88°22' 15" W a distvf ~ ~4,8~5' to a8polnt; henfice, thence, along Lot OS-2 N 00°20 49 W a distance dlong lands now or formerly of Richard W. a alderman N 49 r27e 50~ X49 97 fi ~a ae of 9ri,75' to a paint; thence, along Lot 98 S 65 31 26 E a d~sta c point, tha place of BEGINNING. Containing: 56261 sq. ft. (1.29 acres) BEING THE SAME PgEMZS~S wh.icl~ Penta Star InvcstmenaerZof Deeds for Cu Berland Coun y, 2006 and recorded. October 2, 2006, in the Office of the Recoz Pennsylvai~.ia, i.n. Deed Book 276, Page 4663, granted a d~ants b d het nt~ireties. Bresnan and Na~~cy Y G. Bresnan, husband and wife, theiz I~.eizs and aSS~gns, C \. Q r O .~ ~.., ~A> ~ ~ mac. ~Q ~ ~r,• ~~ (W Z na c, 0 C f"' N 'v Z !v r C~ O ~~ _[3~ d 3 -,-, ~~ ~~ -C ~1 v ~~ ~~