HomeMy WebLinkAbout09-7163Stipulations Against Liens
Randy L. Clendening and Jamie L.
Clendening
In the Court of Common Pleas County of
Cumberland
Owner
Rine & Rine Builders, Inc.
Docket Number @
01-7/43 M X L9
, Pennsylvania
Term 2009
Contractor
Page Number @
Whereas, Rine & Rine Builders, Inc. ("Contractor") of 19 Independence Drive, Shippensburg, PA 17257, has
entered into a contract with Randy L. Clendening and Jamie L. Clendening ("Owner") of 65 SME, Shippensburg, PA
17257, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 11 Forestry
Road, Shippensburg, PA 17257Southampton Township, Cumberland County, Pennsylvania, described in Exhibit "A"
hereof, of which Randy L. Clendening and Jamie L. Clendening are the title holder of record; and
Whereas, 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.
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 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.
And 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.
And, 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:
L.
L.
hA&^ J
& Rine Builders, Inc.
Commonwealth of Pennsylvania 1 ss
County of Franklin f
On this, the 14th day of October, 2009, before me, the undersigned Notary Public,
personally appeared Randy L. Clendening and Jamie L. Clendening and Darrin S. Rine of
Rine & Rine Builders, Inc., known to me (or satisfactorily proven) to be the persons whose
names are subscribed to the within instrument, and acknowledged they executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my -hand an d official seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA My commission expires
Notarial Seal
Robin M. Mull, Notary Public
Chambemburq Sono, Franklin County
My Commission Expires April 25, 2013
Member, Pennsylvania Association of Notaries
ALL the following described tracts of real estate lying and being situate in the
Southampton Township, Cumberland County, Pennsylvania, more particularly
described as follows:
TRACT NO. 1:
BEGINNING at a corner between land now or formerly of George Adams and
John Helm and following a line along land line or formerly of Helm to a
chestnut tree on the corner 24 '/z degrees East 7 3/20 perches; thence on a line of
land formerly owned by Israel Halter, South 27 3/4 degrees West 11.3 perches to a
post on a corner of land now or formerly of Israel Halter and Joseph Clever;
thence West 24 '/z degrees North 27 '/4 degrees 11.3 perches to a corner to the
place of beginning. Containing one-half acre strict measure, more or less.
TRACT NO. 2:
BEGINNING at an iron pin on corner of lands now or formerly of Rosie
Clendening Omdorff, formerly Rosie Clendening and John Orndorff and known
as Lot No. 2 on the hereinafter described subdivision plan; thence by other lands
now or formerly of Randy L. Clendening, North 57 degrees 5 minutes 34 seconds
East 102.98 feet to an existing punch mark in concrete; thence by lands now or
formerly of Harry G. Adams, South 21 degrees 3 minutes 0 seconds East 43.94
feet to an iron pin; thence by lands now or formerly of said Rosie Clendening
Orndorff, formerly Rosie Clendening and John Orndorff, South 57 degrees 5
minutes 34 seconds West 101.65 feet to an iron pin; thence by other lands now or
formerly of Rosie Clendening Omdorff, formerly Rosie Clendening and John
Orndorff, as Lot No. 2 on the hereinafter described subdivision plan, North 22
degrees 45 minutes 17 seconds West 43.69 feet to an iron pin, the place of
beginning.
Containing a total lot area of 4,400 square feet, more or less, and known as Lot
No. 1 as per Subdivision Plan prepared by Carl D. Bert, R. S., dated October 16,
1984, approved by the Southampton Township Board of Supervisors on February
11, 1985, and recorded in Plan Book 47, Page 97.
TRACT NO. 3:
BEGINNING at a point in the center of public road leading to Big Pond and
intersection of private lane; thence along the said private lane, South 59 degrees
15 minutes West 100 feet to a point; thence along land now or formerly of
Clendening and a stone fence, North 28 degrees 30 minutes West 244.60 feet to
an iron pin; thence along land now or formerly of Lynch, North 53 degrees 15
minutes East 119 feet to a point in the center of the said public road; thence along
the center of the said public road, South 22 degrees 45 minutes East 259.30 feet
to the place of beginning.
Containing .51 of an acre, more or less, as per survey of T. Elliott Middleton, R.
S., dated June 15,
LESS, however, all that portion of the above described tract of land which Lee
K. Clendening and Stella M. Clendening, his wife by deed dated May 17, 1977
and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania in Deed Book F, Volume 27, Page 382, erroneously
referred to as Deed Book G, Volume 22, Page 850 as granted and conveyed to
James Walter Gruver and Barbara Jean Gruver, his wife.
THE ABOVE DESCRIBED REAL ESTATE is the same which Randy L.
Clendening, joined by Jamie L. Clendening, husband and wife by their deed
dated October 14, 2009 and intended to be recorded immediately prior to the
recording of this instrument in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania conveyed unto Randy L. Clendening and
Jamie L. Clendening, husband and wife.
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2009 OCT 20 C 12: 53
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