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HomeMy WebLinkAbout08-3906 Stipulations Against Liens Owner ~tt tfje ~Cottrt of QCottttttott ~[ea~l QCotttttp of Cumberland Pennsylvania Jason D. Arts and Autum L. Shingler Robert Goldsmith Contractor Docket Number ~~ - 3 ~D L/ /~l d Page Number Term 20 d ~ ~fjerea>t, Robert Goldsmith ('Contractor") of 1 Hope Lane, Newville, PA 17241 has entered into a contract with Jason D. Artz and Autum L. Shingler ("Owner") of for ttte erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 1 Etter Road, Newburg, PA 17240, Upper Mifflin Township, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of wh~h Jason D. Artz and Autum L. Shingler is the title holder of record; and ~hereag, 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 sut~ject to a Ilen for debts due Owner to Contractor or by Contractor to any subcontractor 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. ,~.obo, ~ijfg ~greetttettt ~ittteat~etfj: 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 Daly 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 cartilage or cartilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials famished and work and labor done. ~ttD 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 famished 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 famished under the contract aforesaid. Etta, in order to give the Owner full power and authority ro 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 in'evocabty 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 arty 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 exhibfl of the authority herein contained to warrant such action, and the Contractor does hereby remise, release, and quit claim alt rights 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: Tss2saooo~s File No. 081971ARTZ BEGINNING at a set iron pin at lands now or formerly of Thomas Gleason, thence along lands now or formerly of Thomas Gleason North 50 degrees 54 minutes 54 seconds East 93.77 feet to an existing iron pin, thence along the same North 70 degrees 57 minutes 45 seconds East 236.41 feet to an existing iron pin, thence along lands now or formerly of Theodore Stouch South 19 degrees 02 minutes 15 seconds East 302.25 feet to an existing iron pin, thence along the same North 51 degrees 23 minutes 03 seconds East 221.65 feet to an existing iron pin, thence along the same South 30 degrees 00 minutes 45 seconds East 40.14 feet to an existing iron pin, thence along the same North 41 degrees 22 minutes 49 seconds East 212.80 feet to an existing iron pin, thence along the same South 19 degrees 08 minutes 20 seconds East 138.06 feet to an existing iron pin, thence along the same North 65 degrees 07 minutes 01 seconds East 123.26 feet to an existing iron pin, thence along lands now or formerly of Theodore Stouch, C. Richard Nye Jr., and J. Thomas Derick South 24 degrees 20 minutes 24 seconds East 937.10 feet to a set iron pin, thence along lands now or formerly of J. Thomas Derick South 80 degrees 55 minutes 11 seconds West 959.85 feet to an existing iron pin, thence along lands now or formerly of Ronnie Watson North 18 degrees 26 minutes 29 seconds West 535.96 feet to an existing iron pin, thence along the same and crossing a 50 foot private right-of--way North 18 degrees 29 minutes 34 seconds West 61.98 feet to a point, thence along the same North 18 degrees 29 minutes 34 seconds West 424.91 feet to a set iron pin the POINT OF BEGINNING. Containing 19.9839 acres TSS260-000 %3 ~ v, c~ ,-, ~ ~ ~ ~+i ~ V Q G~ C^V • a ~ ~ ~