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Home My WebLink About08-166302/27/2408 12:41 IFAR UnitedgneTitleFax@unitedoneresourres.com ~ Judy F'.aherty StiRUlatians Against Liens N t7 " o ~r ~ ~o ") Mark S.1ahnsnn and Lee',4. Johnson ow„~, In the Court of Common Pleas County of Cumberland Yanerk Custom Hnme~e, InG Caatrpcror Pt~A(tCh o'~ , a egg Docket Nranber (S$ , ~ ,rp (,r 3 M G.~ Page Ntunlaer ~ 041/402 /~~ ~-D Pennsylvania Term 2008 Whereas, Yanek Custom Homes, Inc. ("Contractor") of 8 South Ridge Road, Boiling Springs, PA 17007 ,has entered into a contract with Mark S. Johnson and Lee A. Johnson ("Owner") of 23 Bayberry Drive, Mechanicsburg, PA 1x050, for the erection or constructlon of a SINGLE FAMILY DWELLtNt3 upon the lot of ground known as Lot #12 Martin Rd., Carlisle, PA 17013, Monroe Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Mark S. Johnson and Lee A Johnson are the title holder of record; and When~eas, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements ewrected 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 wnstruction, and that the right of anyone to claim any Such lien be waived hereby. Now, This Agreezne:at Witnesseth: That Contractor, for and in consideration of the contract aforesaid end the consideratbns mentioned thereunder, as well as the iurlher coneiderewtion of One Dollar {$1.00) to ¢ In hand paid by the Owner at or before the sealing and delivery of these presertM+, then receipt of which is hereby acknov+4edged, and lntsnding to be Iegatly bound hereby, does hereby wvenant, promise end agree, for Contractor and any and all subcontractors, materlalmen, faborsrs and parties acting for, through or under Contractor, Shat no meohenlcs' Iles or claim or other lien or Gaim of any kind whatsoever shat) be filead or mafrttained against the building, improvements, lot of grourx! or any part hereof, or the cartilage or cuRitages appurtenant thewreta by anyone, and that all subcontractors, materielmen 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 Tien by anyone, shall be an independent covenant and shah operate and be affective with respect to work done and materials furnished under any supplemental contract fpr extra work in the erection, construction and completion of the building as well as to any work and labor done and materials fumiahed under the contract afexeasaid. And, in order to give the Owner fail power and authority to protect Owner and the txeilding, improvementB and lot of ground, against any and all Balms filed by Contractor or anyone ading under or through Contractor in Wglatlon of the forogoing covenant, Contractor heeyby irrevocably authorl~es and empowers anyAt~rney of any Court of Common Pleas of the Commonwealth of Pennsylvania to Appear for Contractor In any of the said Courts of Common P1eaa as attorney for Contractor and In Contractor's name, mark aatisf+ed of record at the cost and expanse of the Contractor, or of any subcontractor or meterialman, any end all claims or claim, liens or lien, filead by or for the Contractor, or any subcontractor or materialman, or to 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 nrferonge to the Court. Term and Number in whidl this instrument shall haven been filed shall be a st1}flcient exhibit of the authority herein crontained io warrant such aGbn, and the Contractor does hereby remise, release, and quit Balm all rights and all manner pf errors, defects and imperfedlons whatsoever' in entering such satiafaotlon 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: Mark 5. Johnson - '~ ~ Lae A. Johnson ~ .... ~..---i t y 1` t Yanek Cuat ewe, Ina "+t/Q gene k. -~resi dint Stipolations Against Liens In the Court of Common Pleas County of Cumberland Mark S. Johnson and Lee A. Johnson ,Pennsylvania Owner Yanek Custom Homes, Inc. Docket Number c°ntract°r Page Number Term 2008 Whereas, Yanek Custom Homes, Inc. ("Contractor") of 8 South Ridge Road, Boiling Springs, PA 17007 ,has entered into a contract with Mark S. Johnson and Lee A. Johnson ("Owner") of 23 Bayberry Drive, Mechanicsburg, PA 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #12 Martin Rd., Carlisle, PA 17013, Monro nson are the title holde of record; andnsylvania, described in Exhibit "A" hereof, of which Mark S. Johnson and Lee A. Joh 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 t onpandtcomo letion of the bui ding asfwell aseto anyework andpabor done and m teals fu n shed under erection, construc P 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. Signed and sealed in the presence of: r Yanek Custom Homes, Inc. "Exhibit A" File No. 31178PUR 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 Lot #13 as shown on the above-referenced Plan; thence along said Lot #13, North 87 degrees 30 minutes West 200 feet to a point; thence along land now or formerly of Raymond Diehl, North 2 degrees 30 minutes East 100 feet to a point; thence along Lot #11 on the above Plan, South 87 degrees 30 minutes East 200 feet to a point; thence along the right-of-way of said Martin Road, South 2 degrees 30 minutes West 100 feet to a point, the point and place of BEGINNING. -•~ n ~ v ~ rt-: t , ~ ~„ -i~ '~, J C. f t__ , L ~ ~ ! i°t .-1 f, tl, "~. (D v ('b O n h ~' n