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Home My WebLink About08-4735Stipulations Against Liens Mike Romano and Marjorie Romano D. Cully, Inc., tld/b/a C&C Construction Owner ~1n tlhe court of ~Comman ~Cea~ QCuuntp of Cumberland Docket Number Page Number Contractor ~F-~-/~35Ni~ Pennsylvania Term 2008 ~~' ~fjereag, D. Cully, Inc., t/d/b/a C&C Construction ("Contractor") of 5745 Spring Road, Shermans Dale, PA 17090, has entered into a contract with Mike Romano and Marjorie Romano ("Owner") of 1263 High Street, Boiling Springs, PA 17007, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 1467 Kuhn Road, Boiling Springs, PA 17007, Monroe Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Mike Romano and Marjorie Romano are the title holder of record; and ~fjerea~, 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. hobo, ~fjig ~Cgreemeut ~itue~~et>h: 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. ~t1D 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. ~nb, 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. Witness our hands and seals the day and year aforesaid. Signed and sealed in the presence of: v ' e Romano Marjorie ano D. Cully, c., /b/a , 8~C Construction By: Sean Cull ent File No.: 08-1729 Commonwealth of Pennsylvania } County of Cumberland } ss On this ~ day of ~ , 2008, before me, the undersigned Notary Public, personal) a eared Sean Cully, President of D. Cully, c., t/d/b/a C&C Construction, known to me or satisfactorit y pp whose names are subscribed to the within instrument, and acknowledge that they executed same for theopurpos setherein contained. IN WITNESS TH Notary Public My commission expires set my hand and official seal. Commonwealth of Pennsylvania NOTARIAL SEAL PATRICIA A. SHIRK, Notary Public City of Lancaster, Lancaster County M Commission Expires March 28, 2010 Commonwealth of Pennsylvania } County of Cumberland } ss On this ~ day of S T- , 2008, before me, the undersigned Notary Public, personally ap eared, Mike Romano and Marjorie Roman known to me or satisfactoril p the within instrument, and acknowledge that they executed samre for the purposes therein containedes are subscribed to IN WITN Notary Public My commission expires set my hand and official seal. CommonuveaRh of Pennsylvania NOTARIAL SEAL PATRICIA A SHIRK, Notary Publ~ City of Lancaster, Lancaster County M Commission Ex Tres March 26, 20i 0 Ezhibit A ALL THAT CERTAIN piece or parcel of land situate in the Township of Monroe, County of Cumberland and State of Pennsylvania, bounded and described in accordance with a certain Boundary Retracement Survey for the Estate of Elizabeth B. Smith, prepared by John K. Bixler, III, Professional Land Surveying Services, P.C. dated June 25, 2004 and revised August 7, 2004, consisting of one page, a copy of which is attached hereto to be recorded herewith, and is incorporated herein by reference as follows, to wit: BEGINNING at an iron rebar located on the south side of an existing gravel road at the common property corner between land of Jack R. and Kyoko Books and land of the Estate of Elizabeth B. Smith; said point also being located on the western property line of land of Stephan K. and Linda N. Kreiser; thence along the common property line between land of Jack R. and Kyoko Books and land of the Estate of Elizabeth B. Smith and crossing the aforementioned gravel road, South 63 degrees 47 minutes 58 seconds West, a distance of 379.05 feet to an iron rebar located on the northern side of the aforementioned gravel road; thence continuing along land of Jack R. and Kyoko Books and along the northern side of said gravel road, South 55 degrees 17 minutes 42 seconds West, a distance of 8.99 feet to an existing iron rebar located at the common property corner between land of Jack R. and Kyoko Books and land of Gregory R. Swope; thence continuing along the common property line between land of Gregory R. Swope and land of the Estate of Elizabeth B. Smith and along the northern side of said gravel road, South 55 degrees 17 minutes 42 seconds West, a distance of 73.51 feet to an iron rebar located at the common property corner between land of Paul and Mary Ann N. Romano and land of the Estate of Elizabeth B. Smith; thence along the common property line between land of Paul and Mary Ann N. Romano and land of the Estate of Elizabeth B. Smith, North 25 degrees 48 minutes 46 seconds West, a distance of 677.53 feet to an iron rebar located at the common property corner between land of Paul and Mary Ann N. Romano and land of the Estate of Elizabeth B. Smith and also being located on the property line of land of Wilmer L. and Patricia A. Harris; thence along the common property line between Wilmer L. and Patricia A. Harris, (noted on the aforementioned survey as tax assessment parcel number 22-12-0346-003) and land of the Estate of Elizabeth B. Smith, South 86 degrees 02 minutes 47 seconds East, a distance of 382.12 feet to an existing iron rebar located at the common property corner between the aforementioned parcel of land owned by Wilmer L. and Patricia A. Harris and another parcel on land owned by Wilmer L. and Patricia A. Harris, (noted on the aforementioned survey as tax assessment parcel number 22-12-0346-048); thence along the common property line between land of Wilmer L. and Patricia A. Harris, (noted on the aforementioned survey as tax assessment parcel number 22-12-0346-048 and land of the Estate of Elizabeth B. Smith; South 86 degrees 02 minutes 47 seconds East, a distance of 141.22 feet to an iron rebar located at the common property corner between land of Stephan K. and Linda N. Kreiser and Estate of Elizabeth B. Smith; thence along the common property line between land of Stephen K. and Linda N. Kreiser and land of the Estate of Elizabeth B. Smith and through an existing stone pile being 2.04' from the aforementioned iron rebar and crossing the aforesaid gravel road, South 26 degrees 42 minutes 18 seconds East, a total distance of 402.44 feet to the point of BEGINNING. CONTAINING 5.6082 acres, more or less. BEING THE SAME PREMISES which Patrick L. Murphy and Genevieve M. Murphy, his wife; Jane I. Myers and David N. Myers, her husband; Terry C. Murphy and Alma G. Murphy, his wife; Fern M. Gutshall and Ralph A. Gutshall, her husband, as tenants by the entireties, and Fay R. Finkey, single woman and Virginia L. Murphy, widow, being tenants in common, each with an undivided one-sixth (1 /6) interest, by Deed dated May 24, 2005 and recorded June 1, 2005, in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book 269, Page 573, granted and conveyed unto Mike Romano and Marjorie H. Romano, his wife, their heirs and assigns. A ~- ~ ~ ~_ 6' ~ ~'" ~ ~` ~ C ` 1 3 ~ .~- ~ ~1 Q -~C P_ J r