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HomeMy WebLinkAbout04-0544Stipulations/~ainst Liens Timo#;~ W. Beidel d & MBuilding Contractors. Conlraclor In the Court of Common Pleas County of Cumberland Docket Number Page Number , Pennsylvania /YII~ Term 2004 Whereas, d & M Building Contractors ('Contractor") of 2196 Pineville Road, Newville, PA '17241 has entered into a contract with Timothy W. Beidel ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 18101 Cumberland Highway, Newburg, PA 17240, Hopewell Township, Cumberland County, PENNSYLVANIA described in Exhibit 'W' hereof, of which Timothy W. Beidel is 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, materialman, 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, materialman 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 dght 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 dghts 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: File No. 04tO00BEIDEL e~sth~t certain lot of ground lying and being situate partly in Hopewell Township, Cumberland County, ylvania, and partly in Lurgan Township, Franklin County, Pennsylvania, more particularly bounded and described in accordance with Subdivision Plan entitled "Property of Abaline Martin and Carolyn Neal", dated September 8, 1980, prepared by Richard K. Fisher, R.P.E.S., which said Subdivision Plan has been approved by the appropriate municipal authorities and is recorded in Cumberland County Plan Book 38, Page 121, and Franklin County Deed Book 38, Page 121, as follows: BEGINNING at an existing iron pin in common comer of Lots 4 and 5 at comer of land now or formerly of W. Benjan~in Coleman and land now or formerly of J.A. McElwain; thence along line of land now or formerly of J.A. McElwaln, South 26 degrees 54 minutes East 299 feet (erroneously specified as 220 feet), more or less, to a stake and stones at common comer of Lots 5 and 6; thence along common comer of Lots 5 and 6 and 5 and 7, South 59 degrees 49 minutes West 716.07 feet to a stake and stones in line of lands now or formerly of Lawrence Sentman's Heirs, which point is in Franklin County; thence along line of lands now or formerly of Lawrence Sentman's Heirs, North 28 degrees 40 minutes West, 950 feet to a stake and stones at common comer of Lots 4 and 5; thence along common boundary line of Lots 4 and 5, South 77 degrees 38 minutes East, 961.21 feet m-entering Cumberland County to the existing iron pin at the point and place of BEGINNING. CONTAINING 10.37 acres. BEING LOT NO. 5 on the above referred to plan.