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HomeMy WebLinkAbout09-6279Stipulations Against Liens Mark S. Thomas and Leah M. Thomas, husband and wife Omer 3n the Court of Common v[eag QCountp of Cumberland , Pennsylvania Schaff's Home Center Cowmaor Docket Number Oq _ & a 7g Ab Term 2009 Page Number Wbereag, Schaff s Home Center ('Contractor") of 5300 Lincoln Way East, Fayetteville, PA 17222 has entered into a contract with Mark S. Thomas and Leah M. Thomas, husband and wife ("Owner") of 185 Hoot Owl Road, Newville, PA 17241 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 3, Shed Road, Newville, PA 17241, Lower Mifflin Township, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Mark S. Thomas and Leah M. Thomas, husband and wife is the title holder of record; and Wbereag, 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. Aotn, Whig fgreement Witneggetb: 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. Zfnb 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. Z10, 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 hand and seal the day and year aforesaid. Se-Pi. 1"1 , x009 Signed and sealed in the Mark S. Thomas Leah M. Thomas JAe, -E&4 Schaff' 70me Center 0 File No. CTA1119 ALL that certain tract of land situate in Lower Mifflin Township, Cumberland County, Commonwealth of Pennsylvania, being known and numbered as Lot 3 on a land subdivision for Rodney F. Hill dated January 2, 2009 and recorded in the Cumberland County Recorder of Deeds as Instrument Number 2009-27086, more particularly bounded and described as follows: BEGINNING at an iron pin in the western line of the hereinafter referred to private right-of-way which point is also in the northeast comer of Lot No. 2 as shown on the above referred to plan; thence along said Lot No. 2, South 37 degrees 34 minutes 51 seconds West, 305.54 feet to an iron pin in the line of land now. or formerly of Rodney F. Hill and Deborah Hill; thence along the land now or formerly of Rodney F. Hill and Deborah Hill, North 52 degrees 25 minutes 09 seconds West, 291.48 feet to an iron pin; thence continuing along the land now or formerly of Rodney F. Hill and Deborah Hill, North 37 degrees 34 minutes 51 seconds East, 283.38 feet to a point in the previously referred to private right-of-way; thence along the western side of aid private right-of-way by a curve to the left having a radius of 50 feet, a chord bearing South 77 degrees 01 minute 44 seconds East, a chord length of 41.64 feet to an iron pin; thence continuing along said private right-of-way by a curve to the right having a radius of 40 feet a chord bearing South 69 degrees 49 minutes 56 seconds East, a chord length of 42.16 feet to an iron pin; thence continuing along said private right-of-way, South 38 degrees pl minute 34 seconds East, 31.38 feet; thence continuing along said private right-of-way, South 52 degrees 25 minutes 09 seconds East, a distance of 183.00 feet to an iron pin at the place of beginning. CONTAINING 2.03794 acres. %iFLE OF TW? H' NARY 2009 SEP 18 FM 2, 20 P EN a. ,Zl LVANI IIA a? ©o Po a9a34 ea3m%v FRAI)W N R.M. asm-s saes