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HomeMy WebLinkAbout07-6676~~~ Stipulations Against Liens Michael A. Peters Owner ~TI t)[je QCOUrt Of QCOmmOtt ~l:ea~ pCOUritp Of Cumberland Pennsylvania Docket Number 6 7 - G ~ 7G /1't ~ ~' Alleman's Construction Contractor Page Number Term 2004 ~fjet'eag, Alleman's Construction ('Contractor") of 1904 Philadelphia Avenue, Chambersburg, Pennsylvania 17201 has entered into a contract with Michael A. Peters ("Owner") of 3464 Gleneagle Drive, Chambersburg, Pennsylvania 17201 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 232-234 High Street, Shippensburg, Pennsylvania 17257, Cumberland County, Pennsylvania described in Exhibit "A" hereof, of which Michael A. Peters is the title holder of record; and ~><jerea~, 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. ~D~, ~Fjtg agreement ~itneSsetlfj: 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. ~tlb 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. ~ttb, 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 hand and seal the day and year aforesaid. Signed and sealed in the presence of: ~-. Michael A. Peters AI man's Construction ~~ S~ G w ~ U~ `~ v' C r a ~~ ~1 N ~) -~ 1 L„~,' >.~ ~ -y ^" .." i V ) N { ~ ~ r V ~~ G v c~ h~ 1 ` `~ /v CTA0726B EXHIBIT A ALL the following described two (2) tracts of real estau, lying and being sintau in Shippensbtug Township, Cumberland County, Corntnonwealth of Pennsylvania, bounded and limited as follows: TRACT_N0. I: BEGIIVDTING at an iron pin on the Southwesterly side of High Street at the dividing line uc.i~~.r:::ia w~ .tiv.. rail.. w..r...w. , ~, u,., auu.ur.~.vii +~~ laa:u i~vi4:MiLi'.i itic.icu w, ~i1~t1C.~ d1UAg 1..G[ 1V0. ~, South 47 degrees 40 mintttes West, 100 feet to an iron pin at line of other land of the Wcst End Land Cot[~any; thence with the same, Norw 4z degrees 20 tnlnuves West, 100,10 feet to line of Lot No. 6: thersce along ttie Utv~nion iule ~tw~xa i.ot ivo. 5 and Lot ivo. ti aua tiuouglz Cite party wall of a 2 story fraAte dweitiag, Norte 47 degrees 40 mimttes 00 seconds East, 100.00 feat to a set iron pin on the southwesterly tide ttf His~h Stre$r: thence alnna Hivh Suet;[. South 47 d~ttirpP.c ?.f1 minntra Faat 1(1fl 1 ft Pwor rn an irM, n;.. on the',,outhwesterly side of High Street, the first mentioned point and place of beginning. BANG I.ot Na S as is shown on a Subdivision of Land situate in the Borough of Shippensburg and Shipptrosburg Township, Cumberland County, Pcnnsylvattia for West End Land Company prepared by William A. Brindle Asspciates, dated August 1, 1974 and revised October 21, 1974 and November 19, 1974. Said subdivision of land. together with all tYrnlired at-nmvala nMwt1 r1v rN,n 9a ,wrrnvtr.4 ;n +h,+ n+r,.P of the Recorder of Deeds of Cumberland Cowaty, Pennsylvania in Plan Book 28, Page 76. TRA('T N(1 7~ RF(:TNNTTT( at ate irtm nin nn +hA Crne+l+nroc+arl~r c;,ia of Tl':..t, S+-4.+ ~+.t:..:d:.,w t:.,,. between Lot No. 5 and L,ot No. 6 of the subdivision of land hcreaf[er referred to; theme along the division line between Lo[ No. S and Lot No. 6 and through a party wall ctf a 2 Sttfrv frame rlwrttinv Snnrh 47 degrees ~ rui,mit~s ul) sec:o[i<is Vest lik1.00 feet [o a se[ iron pLn at land now or fori~rly of West End Lind Company; thence along land now or formerly of Wes[ End Iand Company, North 42 degrees 20 miwttes 00 seconds West, 103.29 feet to a set spike at tine of a 14-foot public alley; thence with the same, North 53 degrees 01 minute 50 seconds East, 83.77 feet to a spike oa the southwesterly side of High Sheet; thence with the same by a curve to she right having a radius of 137.80 feet, a distance of 68.32 feet to an Iron pin; thrnce contizniina with the ~Pmp, South 4? degrees 20 m'.!l~~t?Q ~ !'~!'^*!~S l:ac~y '1S1 g() Fg~ tD 8n 1raIl pit`- $r the point and place of beginning, BEING Lot No. 6 as Is shown on a Subdivision of Land situate in the Borough of Shippansburg and Shippensburg Township, Cumberland County, Pennsylvania for West Ead Land Company prepared by William A Rrindlr AttcttclAtxc dArtxl AltfitlRt 1 147x1 atul rnt~iaxl (lrrr,ho~'?1 t0'td u..R t~tn..p...t,o. 70 19'74. Said subdivision of land, together with alt required approvals noted thereon, iS recorded in the Office of the Recorder of ]7eeds of Cumberland County, Pennsylvania in Plan Book 28, Page 76. BEING fire same real estate which Kelley L. Eberly and john M. Eberly, wife and husband and MichelC T. 13rymesser and Michael A. Brytnesser, wife and husband, by deed dated September 30, 2004, and recorded October 6, 2004, in the Offtee of the Recorder of Dtxd~ ~f Cumberland C'n„nnr P.nnevh»nia in T1~wi Rnnt- 265, Page 3178, conveyed to Michael A. Peters; AND 131sINCr the same real estate which Michael A. Peters, a single man, by deed dated November 16, 2006 and retarded November 29, 2006 in the Office of the Recorder of Deeds of Gttmberland County, Pennsylvania in Deed Book 277, Page 3788, conveved to Micheal A. Peters. a tingle man.