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Home My WebLink About07-7221Stipulations Against Lierys Scott Negley and Kerry Negley Owner BONNIE HEIGHTS HOMES, INC. Contractor In the Court of Common Pleas County of Cumberland Pennsylvania Docket Number O'7 - 'y °~ ~ ~ ~''- ~ ~ Term 2007 Page Number Whereas, BONNIE HEIGHTS HOMES, INC. ("Contractor") of 7048 Carlisle Pike, Carlisle, PA 17013, has entered into a contract with Scott Negley and Kerry Negley ("Owner") of 220 Whiskey Run Road LVR, Newville, PA 17241, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lat 4, Whiskey Run Road, Newville, PA 17241, Upper Mifflin Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Scott Negley and Kerry Negley 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 Do11ar ($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. Signed and sealed in the presence of: File No. 07-1538 ALL THAT CERTAIN lot or piece of ground situate in Upper Mifflin Township, County of Cumberland, Commonwealth of Pennsylvania, pursuant to a Final Subdivision Plan for Gary L. Negley prepared by Eric L. Diffenbaugh, PLS dated May 18, 2006. BEGINNING at a point I the center of Whiskey Run Road, thence along the centerline of Whiskey Run Road North 45 degrees 18 minutes 21 seconds West 53.30 feet to a point, thence along lands now or formerly of Gary Negley North 24 degrees 25 minutes 11 seconds East 60.06 feet to a point, thence along the same North 08 degrees 32 minutes 44 seconds West 73.66 feet to a point, thence along the same North 18 degrees 28 minutes 16 seconds East 183.98 feet to a set iron pin, thence along lands now or formerly of Gary Negley and Dennis Negley and passing through a set iron pin on line 26.14 feet from said set iron pin North 51 degrees 36 minutes 26 seconds West 203.44 feet to a set iron pin, thence along lands now or formerly of Elwood Zinn North 39 degrees 00 minutes 08 seconds East 498.53 feet to an existing iron pin, thence along lands now or formerly of Elwood King South 18 degrees 33 minutes 31 seconds East 241.04 feet to a set iron pin, thence along lands now or formerly of Gary Negley South 39 degrees 00 minutes 08 seconds West 224.94 feet to a set iron pin, thence along the same South 18 degrees 28 minutes 16 seconds West 304.77 feet to a point, thence along the same South 08 degrees 32 minutes 44 seconds East 76.78 feet to a point, thence along the same South 24 degrees 25 minutes 11 seconds West 93.33 feet to a point in the center of Whiskey Run Road the POINT OF BEGINNING. CONTAINING 2.4752 acres, more or less. Being known as Lot No. 4 BEING PART OF THE SAME PREMISES which Dorothy M. Negley, widow, by Deed dated August 14, 1992 and recorded August 14, 1992 in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Record Book V-35, Page 341, granted and conveyed unto Gary L. Negley and Donna L. Negley, his wife, their heirs and assigns, as tenants by the entireties. M , ~ . . A File No.: 07-1538 Commonwe~{th of~nsylvania~ } Count of v~ ( C-- } ss On this ~~ day of November, 2007, before me, the undersigned Notary Public, personally appeared CRAIG A. GLOTFELTY, VICE PRESIDENT of BONNIE HEIGHTS HOMES, INC., known tome (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledge that he executed same for the purposes therein contained. IN WITNESS THEREOF. I herewith set my hand and official seal. ~~ ~ ~ ~~ ---Y Notary Public My commission expires CexnmonwaaRA of Pennaylvanle NOTARIAL SEAL PATRIClA A. SHIRK, Notary Publla City of Lancaster, Lancaster County Commission Ex fires March 28, 2010 Commonwealth of Pennsylvania } County of Cumberland } ss On this ~1f day of / V ~^~ , 2007 before me, the undersigned Notary Public, ersonall a eared Scott Negley and Kerry Negley 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 erewith set my hand and official seal. ~ ~ -~ Notary Public My commission expires Commonweattlt of Penneylvante NOTARIAL SEAL PATRICIA A. SHIRK, Notary PubNo City of Lancaster, Lancaster County M Commission res March 2B, 2010 O ~ ~~ _~ o\ .. M..., ..h ~~ ~. .... t.\i ....o ~y^y - ,y V ri\ ,. ~V U ~ }.1~ C'7 c~~ "`; ~ C3 - _ r~ ~ ~ -^. c; ~:~ _ ' t~ ~~t; ~ - -r ; _ .. '~