HomeMy WebLinkAbout07-6201Stipulations Against Liens
In the Court of Common Pleas County of
~ Gary D. Wilson,
Schaff s Home Center, Inc.,
Owner
Cumberland, Pennsylvania
Docket Number Q?'.. L 2Cj ~ /n~
Contractor
Page Number
Term 2007
Whereas, Schaff's Home Center, Inc., ("Contractor") of 5300 Lincoln Way East, Fayetteville, Pennsylvania has
entered into a contract with Gary D. Wilson ("Owner") of 38 Frost Road, Gardners, Pennsylvania, 17324, for the erection
or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 38 Frost road, Gardners, Pennsylvania
17324, described in Exhibit "A" hereof, of which Clint A. Miller is 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 look to and hold Contractor personally liable for all subcontracts, materials furnished and work and tabor done.
And this agreement, waiving the right of lien by anyone, shall be an independent covenant and shalt 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. (~ U Vl'.~0~ ~~t ~d~ ,
Signed and sealed in the pres
Gary D. so
By: Schaff's Home Center, Inc.
~ta-
"~~ ALL that certain piece or parcel of land situate in the Township of South Middleton, County of Cumberland and
State of Pennsylvania, more particularly bounded and described as follows:
BEGINNING at stones at Church Lot; thence by lands now or formerly of U.T. Gardner, north 22 '/z degrees
west 12.1 perches to a stake at side of Frost Road; thence by said Road, north 9 '/z degrees east 20.2 perches to a
stake at side of said Road; thence across said Road, north 27 3/ degrees west 1.6 perches to a post at side of Road;
thence south 73 '/z degrees west 9.15 perches to a rock; thence south 24 'h degrees west 11.7 perches to a stone;
thence by lands now or formerly of Ellis Frost and Franklin Delp, south 21 '/z degrees east 26.2 perches to stones;
thence by Church Lot, 57 '/ degrees east 7.85 perches to the Place of Beginning.
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