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HomeMy WebLinkAbout08-3905.-,. Stipulations Against Liens Gerald L. Dupert and Melissa A. Dupers Owner In the Court of Common Pleas County of Cumberland Pennsylvania Docket Number Q~- 3Q'~ S ~~ ~ Term 20 4 ~ Meals Mobile Home Sales, Inc. Page Number Contractor Whereas, Meals Mobile Home Sales, Inc. ('Contractor) of 1300 Ritner Highway, Carlisle, PA 17013 has entered into a contract with Gerald L. Dupert and Melissa A. Dupert ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 339 High Mountain Road, Shippensburg, PA 17257, South Newton Township, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Gerald L. Dupert and Melissa A. Dupert 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 WitnessethThat 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. ./~~~ lr/~9/a~ Witness our hand and seal the day and year aforesaid. Signed and sealed in the presence of: Ger L. ^°h _ ~~Q ~ Melissa A. Dupert Meals Mobile Home Sales, Inc. Owen Meals. --. File No. 081973DUPERT ALL THAT .CERTAIN lot of ground situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: ' BEGINNING at a set railroad spike in the approximate centerline of T-334, more commonly referred to as High Mountain Road; thence along the said High Mountain Road, North 74 degrees 59 minutes 32 seconds West, 74.40 feet to a point at corner common to lands now or formerly of James K. Fisler; thence along lands now or formerly of Fisler and lands now or formerly of John R. Diller, North 48 degrees 35 minutes 15 seconds East, 840.84 feet to a point; thence along lands now or formerly of Diller, North 13 degrees 35 minutes 32 seconds West, 236.43 feet to a point; thence along the same, North 78 degrees 33 minutes 25 seconds East, 442.49 feet to a point at corner common with lands now or formerly of Arthur McKay; thence along lands now or formerly of McKay and lands now or formerly of Keith A. Glass, South 13 degrees 35 minute 32 seconds East, 700.00 feet to a point; thence along other lands now or formerly of John R. Diller, South 75 degrees 54 minutes 28 seconds West, 602.55 feet to a set iron pin at stones; thence along lands of Gerald Dupert, known as Lot No. 2, North 40 degrees 59 minutes 34 seconds West, 301.06 feet to a set iron pin; thence along the same, South 46 degrees 42 minutes 26 seconds East, 249.17 feet to a set iron pin; thence along the same South 49 degrees 00 minutes 26 seconds West, 185.91 feet to a set railroad spike, the point and place of BEGINNING. CONTAINING 10.21 acres and being referred to as Lot No. 1, on a Subdivision Plan prepared by Eric L. Diffenbaugh, dated September 5, 1991, and recorded in Cumberland County Deed Book 64; at Page 114. (~ ~5 c~v ~, ~. _ ~ ~ l ~ '_' -' -, ~- l ~^ i.i.~ °, , 4 ~ /'~ &~ ~ y~ ~'- ~~ ' \ ~ ~'d"! ~ LL t""' ~ -~ ' Lu ~_t ~1 • 1 G~ C'V , U \ ~ ~ V