HomeMy WebLinkAbout08-6083~$tipulations Against Liens
Gary L. Manis, Jr. and Yu-Yun Shih
Owner
Pennsylvania Remodelers
Contractor
~n t~je 4Courtt of QCommon ~[ea~ Qtouutp of
Cumberland
Docket Number 08 - X00$3 (•t.(,D
Page Number
Pennsylvania
Term 2008
~C~ereag, Pennsylvania Remodelers ("Contractor") of 911 Broadford Road, Harrisburg, Pa. 17112, has entered
into a contract with Gary L. Manis, Jr. and Yu-Yun Shih ("Owner") of 817 South Humer Street, Enola, Pa. 17025 for the
renovation and remodeling of premises known as 817 South Humer Street, Enola, PA 17025 East Pennsboro Township,
Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Gary L. Manis, Jr. and Yu-Yun Shih are the
title holder of record; and
~fjeres~, 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.
,~.otu, ~~ig ~greemeut ~ttne~~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 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.
~nb 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.
~ttb, 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.
~c~~ b~ !bN', Zr~~
Gary L. Mar's,, r. ~7
Yu-Yun
Signed and sealed in the presence of:
*File No. CL08165
ALL THAT CERTAIN piece or parcel of land situate in the East Pennsboro Township, Cumberland County, Pennsylvania,
more particularly bounded and described as follows, to wit:
BEGINNING at a point in the western line of forty-five (45) foot wide street, now known as Humer Street, at the dividing
line between Lots Nos. 17 and 18 on the hereinafter mentioned Plan of Lots; THENCE along the western line of Humer
Street, North 23'/z West, one hundred fifty (150) feet to a point in the southern line of Lot NO. 12; THENCE westwardly
along the southern line of Lot No. 12; THENCE westwardly along the southern line of Lot No. 12, one hundred nineteen
(119) feet to a point in the eastern line of a twelve (12) foot alley; THENCE along the eastern line of said twelve (12) foot
alley, South 23'/z degrees, East on hundred fifty (150) feet to a point in the northern line of Lot No. 18; THENCE
eastwardly along the northern line of Lot No. 18, one hundred nineteen (119) feet to a point, the place of BEGINNING.
BEING Lots Nos. 13, 14, 15, 16, and 17 on the unrecorded Plan of Lots laid out by William Fake.
HAVING THEREON ERECTED a dwelling house known as No. 817 South Humer Street.
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