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HomeMy WebLinkAbout04-0351S ti..pulation .o~Against Liens ~endell I. Livengood and Twila Kay Livengood, husband and wife Owner Cumberland County Docket Number , Pennsylvania Term 2004 Homes by Keystone, Inc. Contractor Page Number ~/~lJtreaS, Homes by Keystone, Inc. ('Contractor") of Waynesboro, PA has entered into a contract with Wendell I. Livengood and Twila Kay Livengood, husband and wife ("Owner") of 116 Horsekiller Road, Shippensburg, PA for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 116 Horsekiller Road, Shippensburg, PA 17257, South Newton Township, Cumberland County, PENNSYLVANIA described in Exhibit '%" hereof, of which Wendell I. Livengood and Twila Kay Livengood, husband and wife is the title holder of record; and ~ggI~ereas, 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. _~a~u, E;[~is gt~lreement ~itnessetl~: 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. ~tnll 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. ~nll, 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. Signed and sealed in the presence of: Witness our hand and seal the day and year aforesaid. '2X// //.. ,. 'r" './/.:::- <. :>: ,...;f Wendell I. LiYengo~d'~.,-----~ // 0 , /~ Tw~ Livengood_.~ ~//~ / File Number: FTA6943C ALL THAT CERTAIN lot of ground lying and being situate in the Township of South Newton, County of Cumberland, Pennsylvania, referred to as Lot No. 7, more particularly bounded and described in accordance with Subdivision Plan entitled "Land Subdivision for High Mountain Estates", prepared by Carl D. Bert, Professional Land Surveyor, which said Subdivision Plan has been approved by the appropriate municipal authorities and is recorded in Cumberland County Plan Book 65, Page 126, as follows: Beginning at a railroad spike set in public road known as Horse Killer Road (T-335) at common comer of Lots Nos. 7 and 8 on the above referred to Plan and in line of land now or formerly of Randolph V. Singleton; thence along Horse Killer Road and along line of land now or formerly of Randolph V. Singleton, North 47 degrees 46 minutes 51 seconds West, 68.06 feet to a railroad spike; thence continuing along same and in line of land now or formerly of Ellis L. Durf, North 38 degrees 17 minutes 22 seconds West, 133.16 feet to a railroad spike at common comer of Lots Nos. 7 and 6; thence along common boundary line of Lots Nos. 7 and 6, North 52 degrees 57 minutes 30 seconds East, 532.75 feet to an iron pin in line of Lot No. 6; thence along common boundary line of Lots Nos. 6 and 7, South 42 degrees 00 minutes 00 seconds East, 200.75 feet to an iron pin at common comer of Lots Nos. 7 and 8; thence along common boundary line of Lots Nos. 7 and 8, South 52 degrees 57 minutes 30 seconds West, 534.52 feet to a railroad spike, the point and place of beginning. Containing 2.468 acres total area, more or less. Being the same premises which Todd G. Miland and Sandra Miland, husband and wife, by deed dated June 7, 2002, and recorded June 12, 2002, in and for Cumberland County, in the Office of the Recorder of Deeds, in Deed Book 252, Page 709, granted and conveyed unto Wendell I. Livengood and Twila K. Livengood, husband and wife.