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Home My WebLink About07-5616Stipulations A ainst Liens `s Thomas A. Hayes and Sharon A. Hayes Owner In the Court of Common Pleas County of Cumberland Mark Ludt Building, Inc. Contractor Pennsylvania Docket Number O 7• S~ 1 ` /h 't ~ Term 2007 Page Number Whereas, Mark Ludt Building, Inc. ("Contractor") has entered into a contract with Thomas A. Hayes and Sharon A. Hayes ("Owner"} of 11 Southern Cross Drive, Boiling Springs, PA 17007, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 145 Locust Court, Boiling Springs, PA 17007South Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Thomas A. Hayes and Sharon A. Hayes are the title holder of record; and Whereas, 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 Ivok 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 fumished 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 fumished 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 materialmen, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialmen, 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. `~_T ~ o~ ~ ~~''7 Signed and seale in the presence of: Tho s A. Hayes aron A. Hayes Mark Ludt Building, Inc. by Mark Ludt (contractor) ,. .. ___. _ _ 09/21/2007 10:09 FAX 0]015 • Stipulations Against Liens In the Court of Common Pleas County of Cumberland Thomas A. Hayes and Sharon A. Hayes ,Pennsylvania Owner ~' Docket Number Term 2007 Mark Ludt Building, Inc. c°"`""``°r .Page Number Whereas, Mark Ludt Building, Inc. ("Contractor"] has entered into a contract with Thomas A. Hayes and Sharon A. Hayes ("Owner") of 11 Southern Cross Drive, Boiling Springs, PA 17007, for~the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 145 Locust Court, Boiling Springs, PA 17007South Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Thomas A. Hayes and Sharon A. Hayes are the title holder of retrord; and Whereas, 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 Contrar~or to any subcontractor for labor or materials fumished in the said erection or constructioon, and that the right of anyone to clakn any such Tien be waived hereby. Now, Phis Agreement Witnesseth: That Cohtractor, 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, pt+omise and agree, far Contractor and any and all subcontractors, materialmen, laborers and parties acting for, through o~ under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever shau be ftled or maintained against the building, lmprovemeMs, bt of ground or any part hereof, or the cartilage or cartilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for elk subcontracts, materials fumished 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 a5 well as to any work and labor done and materials fumished 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 Contractors name, mark satisfied; of record at the cost and expense of the Contractor, or ¢f any subcontractor or materialmen, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialmen, 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 ar acts, this shall be good land 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 c~im all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or cortceming the same. Witness our hands and seals the day and year aforesaid. Signed and sealed in the presence of: Thomas A. Hayes Sharo A. Hayes Mark L dt ullding, Inc. by Mark Ludt (contractor) File NQ, O7r•0~-03091 ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, Lot No. 145 on the Final Subdivision Plan of Indian Hills -Section No. 4, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 92, Page 109, the same being numbered as more particularly described as follows: BEGINNING at a point on the southern right-of-way line of Locust Court (a 50 feet wide right of way) at the dividing line of Lot No. 145 and Lot No. 144 of the aforementioned Plan; thence along the dividing line of Lot No. 145 and Lot No. 144, North 72 degrees 56 minutes 24 seconds West 171.03 feet to a point; thence along the dividing line of Lot No. 145, Lot No. 152 and Lot No. 151, North 05 degrees 56 minutes 44 seconds East 164.76 feet to a point; thence along the dividing line of Lot No. 145, Lot No. 149 and Lot No. 148, South 86 degrees 55 minutes 45 seconds East 123.57 feet to a point; thence along the dividing line of Lot No. 145 and Lot No. 146, South 21 degrees 22 minutes 26 seconds East 167.43 feet to a point; thence along the southern right of way line of Locust Court (a 50 feet wide right of way), thence by a curve to the left having a radius of 60.00 feet, an arc length of 67.50 feet with a chord bearing South 36 degrees 23 minutes 50 seconds West having a chord length 64.00 feet to the point and place of BEGINNING. UNDER AND SUBJECT, NEVERTHELESS, to all associated rights, provisions, and conditions of a ten (10) foot wide Storm Drainage Easement as shown on the herein above mentioned Final Subdivision Plan for Indian Hills Section No. 4. UNDER AND SUBJECT, NEVERTHELESS, to the conditions, notations, restrictions and easements as noted on the hereinabove mentioned Final Subdivision Plan of Indian Hills-Section 4, together with any other easements, restrictions, covenants, conditions & rights of way visible of its record. UNDER AND SUBJECT, NEVERTHELESS, to the Declaration of Covenants, Conditions, Restrictions and Reservations for said Final Subdivision Plan dated July 26, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Misc. Book 92, Page 109, including but not limited to: 1) When any dwelling is constructed on the herein described lot, prior to occupancy thereof but no later than three (3) years after the date of settlement for the within conveyance or the date required by the Township pursuant to the above-referenced subdivision approval process, whichever event shall occur, the said Grantee (s), its/their heirs, successors and assigns, shall install four (4') feet wide concrete sidewalks (including handicap access sidewalks at intersections) in accordance with South Middleton Township regulations and standards; and 2) All drainage easements and Storm Water Management requirements applicable to the herein described lot and detailed on said Final Subdivision Plan. BEING PART OF THE SAME PREMISES which Gladys M. Shugart, widow, by deed dated and recorded August 27, 1992, in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "V", Volume 35, Page 902, granted and conveyed unto Dickinson Estates, a partnership, Grantor herein. L Q ~' ~i `"' ~ ~ ~~ $~a w~ ~° ~~ .~ G C :~ TJt7; _?~~~, <<_ ~x== = ~,-~. =~ ~= r.a -.., C/] r-n -~ -~ ~~ ~~ y ~" -~