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HomeMy WebLinkAbout08-0268+~ Stipulations Against Liens Rusty L. Dennison and .Tennie L. Dennison Owner Yanek Custom Homes, Inc. In the Court of Common Pleas County of Cumberland ,Pennsylvania Docket Number Nu, d ~" oZb ~/~(I„~Term 2007 Contractor Page Number Whereas, Yanek Custom Homes, Inc. ("Contractor") of 8 South Ridge Road Boiling Springs, PA 17007, has entered into a contract with Rusty L. Dennison and Jennie L. Dennison ("Owner") of 25 Bayberry Drive, Mechanicsburg, PA 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 13 Martin Road, Carlisle, PA 17013, Monroe Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Rusty L. Dennison and Jennie L. Dennison 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 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: Yanek Custom Homes, Inc. by Steve Yanek 12,26/2007 11:25 IFA}f UnitedllneTitleFay@unitedoneresources.rom ~ Judy Fla`~erty f~J001/0?2 Sdpul2tions Age~nst Dens In the Court of Common Pleas County of Rusty ~. Dennison and Jennie L GumbeHand Dennison ,Pennsylvania pwner Yanek CStstown Hanes, Inc. Docket Number Term 2007 C'onrrueuu~ Page Number Whereas, Yanek Custom Homes, Inc. ("Gontrador') of 8 South Ridge Roed Boiling Springs, PA 17007, has entered into a Contract with Rusty L. Dennison and Jennie L. Dennison ("Ovuner") of 25 Bayberry Drive, Mechanicsburg, PA 17050, for the erection ar conabrudion of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 13 Martin Road, Cazlisie, Pa 17013, Monroe 'township, Cumberland County, Pennsylvania, described in Exhibit "A' hereof. of which Rusty L. Dennison and Jennie L Dennison are the tide holder of record; and Whereas, it is the Intention Of Ovvner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon shall be subject to a Ifen for debts due Owner to Contractor or by Contractor to any subconVaator for labor or materials famished in the said erection Or construction, and that the right of anyone to claim any such lien be waived hereby. Now, 'This Agreement WitnEgscth- That Contractor, for and In consideration of the Contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of One Ddlar (51.00) to it in hand paid by the t~wrter at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and inter-ding to be lagatly bound hereby, does hKeby covenant, promise and agroe, for Contractor and any and all subcontractors, materialmen, laborers and parries acting for, through or under Contractor, that no mechanics' lien or daim or other Ilan or daim of any kind whatsoever shall ba flied or maintained against the building, Improvements, lot of ground ar any part hereof, or the cartilage of Cartilages appurtenant thereto by anyone, and that all subovrrtractorJ, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. And this agr'eemerrt, waiving the right of lien by anyone, shall tie an Independent covenant and shall operate and be effective with respect to work done and materials furnished under any supplemental oontrad for extra work in the eroction, construction and completion of file building as wall as to any work and labor done and materials furnished under the contract aforesaid. And, in order M give the Owner full power and authority to protect Owner and the building, improvements and lot of ground, against any and ail claims filed by Contractor or anyone acting under or through Contractor in vioiadon of the foregoing covenant, Contractor hereby irrevocably author¢es and empowers any Attorney of any Court of Common Pleas of the Cvmmonwoalth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for Contractor and in Cvntrador•s name, merit satisifad of record at the cost and expense of the Contractor, or of any subcontractor or materislman, any and all Gaims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materfalman, or in the name of any one or more of them against the building, improvements, lot of ground or any part theroof, and, for such ad or still, this shall be good and suffiGern warrant and authority, and a reference to the Court, Term and Number in which this instrument shall have been filed shall be a suftlclent exhibit of the authority herein contained ro warrant such action, and the Contractor does heroby remise, release, and quit daim all rights and all manner of errors, defects and imperfeCtivns whatsoever in ernering such satisfaction of in anywise touching yr conoaming the same. Witness our hands and seals the day and year aforesaid. Signed and sealed in the presence of: t ~ ~~~ File No. 30904PUR Rusty L. Dannlaon Jennio L. Is X ~s r btNT' c. a Yanek "Exhibit A" ALL that certain tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bound and described according to the Final Subdivision Plan of Noss Farm for Raymond Diehl prepared by Larry V. Neidlinger, P.E. dated August 25, 1977, and recorded in Cumberland County Plan Book 35, Page 128, as follows, to wit: BEGINNING at a point on the right-of-way line of Martin Road, T-553, (33' ROW) at the northeastern corner of the future 50' right-of-way as shown on the above-referenced Plan; thence along said future 50' right-of-way North 87 degrees 15 minutes West 200 feet to a point; thence along land now or formerly of Raymond Diehl North 2 degrees 35 minutes East 99.55 feet to a point; thence along Lot #12 on the above Plan South 97 degrees 30 minutes East 200 feet to a point; thence along the right-of-way of said Martin Road the following 2 courses and distances: (1) South 2 degrees 30 minutes West 61.36 feet to a point: (2) South 2 degrees 45 minutes West 39.06 feet to a point, the point and place of BEGINNING. 1- ti'r~ "Exhibit A" File No. 30904PUR ALL that certain tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bound and described according to the Final Subdivision Plan of Noss Farm for Raymond Diehl prepared by Larry V. Neidlinger, P.E. dated August 25, 1977, and recorded in Cumberland County Plan Book 35, Page 128, as follows, to wit: BEGINNING at a point on the right-of-way line of Martin Road, T-553, (33' ROW) at the northeastern corner of the future 50' right-of-way as shown on the above-referenced Plan; thence along said future 50' right-of-way North 87 degrees 15 minutes West 200 feet to a point; thence along land now or formerly of Raymond Diehl North 2 degrees 35 minutes East 99.55 feet to a point; thence along Lot #12 on the above Plan South 97 degrees 30 minutes East 200 feet to a point; thence along the right-of-way of said Martin Road the following 2 courses and distances: (1) South 2 degrees 30 minutes West 61.36 feet to a point: (2) South 2 degrees 45 minutes West 39.06 feet to a point, the point and place of BEGINNING. \ ~ ~ ~ p~~ N ,~ (> w ~ off, ,.D c ~ A- ~ cZ cni ~ 6~ ~ S- ~. n p C r r N r ~~ ;v~ ' CT7 -- i: 4- - ~- r~ ~ , ; ; -~s , :~ ~