HomeMy WebLinkAbout09-4312JUN-18-2009 15:57 DROVERS SETTLEMENT SUE 717 845 8252 .02
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Stipulations Against Liens
Kasey G. Rogers and Jacqueline In the Court of Common Pleas County of
M. Rogers, husband and wife
owner Cumberland
KkNo. ?G?3wt /irr' ?
Wheatland Custom Homes r ?7
Contractor Sf?
Whereas, Wheatland Custom Homes ('Contractor) of
has entered into a contract with Kasey G. Rogers and Jacqueline M. Rogers, husband and wife ("Owner") of
erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as k/a Lots 17-20 Ti
Mechanicsburg, Hampden Township, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof,
Kasey G. Rogers and Jacqueline M. Rogers, husband and wife is the title holder of record; and
for
Lane,
Whereas, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erect 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 ived
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 y the
Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and i tendinc
to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontract rs,
materalmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or oche lien or
claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any art
hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen and llaborere
shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor don o.
And this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and
effective with respect to work done and materials furnished under any supplemental contract for extra work in the
construction and completion of the building as well as to any work and labor done and materials furnished under I
contract aforesaid.
And, in order to give the Owner full power and authority to protect Owner and the building, improvements and lot
ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of t e
foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Commo Pleas
of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attney 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 subco ractor
or materialman, or in the name of any one or more of them against the building, improvements, lot of ground or an part
thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to the Co rt,
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 anner
of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning he
same.
Witness our hand and seal the day and year aforesaid.
Signed and seal in the presence of:
?Kas?ey
aT ?quWhedtland Custom Homes
t c: K M ?(L1, .v f/"47 r 06, -4-
TOTAL
IP.02
SCHEDULE C
ALL THAT C133L3'AIN tract or parcel of land and premises sdtuste, lying and being in the
Township of Hampden, County of Cumberland-and Carrteno mweadth of Paensylvzn* more
prrtic+darly described as follows:
BEGINNING at the northwest comer of the public street adjaant to laid, of Charles Eberb.
the SRy (50) feat wide public street, as shown ca Plan No. 1 of Bungalow Sites, sad plan b
recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pmraylvan
Plan Sook 3, page 37, said point being also the sou6not comer of Lot No. 17, on said plan
tbenoe in a nordnvaterly direction along dta southwesterly lino of said fifty (30) feet wide 1
street two hundred (200) he to a paint an the dividing line between Lot No. 20 sod. Lot No
on said Plan of Lots; thence in a soudhweatedy direction along acid dividing line two hundn
(200) feet to aGthirty (30) foot wide public street, Thanes in a sotdessaedy direction along th
northaaslady line of said last mentioned public street two hundred (200) feet to a point, the
wom corner of said thirty (30) feat wide puhhe street and the pabhc strest ad}acent t+
lards of Charles Ebody, said point being also the southwest corm of said Lot No. 17 on thi
l einbefone memioned plan of lots; thwmm na:t6aaatwa * Awg the nortinveeaem line of,
public st::tet 4ace nt to lands of Chutes Eberly two hundred (200) teat to the point or plsct
BECiINNQVC
BMNG Lot No. 17 through Lot No. 20, inclusive, as shown on Pict No. 1 of Bungalow Site
said plan being recorded is Cumberland Canty R,econW of Deeds Office m Plan Hook 3,1
37.
BEING the same premises which Wheatland Custom Homes, inc., a corporation by Deed dated Sc
2006 and recorded October 4, 2006 in the Office of the Recorder of Deeds in and for Cumberland
Pennsylvania, in Deed Book 276 Page 4916 granted and conveyed unto Kasey G. Rogers and Jacc
Rogers, husband and wife.
and
21
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ber 29,
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