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HomeMy WebLinkAbout09-7672.11. stipulations Against Liens ALLEN K. HOLMES Owner CARLTON B. GEESAMAN BUILDING & REMODELING, INC. Contractor SEPTEMBER 30, 2009 In the Court of Common Teas Count? of Cumberland , Pennsylvania Docket Number 07 74 7 - MI'D Term 20 Page Number lgryereas, CARLTON B. GEESAMAN BUILDING & REMODELING, INC. (Contractor) has entered into a contract with Allen K. Holmes ("Owner") of 836 Wynnewood Road, Camp Hill, PA 17011, for improvements to a SINGLE FAMILY DWELLING including front porch renovation, foundation repair, garage expansion, etc., upon the lot of ground known as 836 Wynnewood Road, Camp Hill, PA 17011 Camp Hill Borough, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Allen K. Holmes is the title holder of record; and Nibereas, 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. .Ootn, Mbis 21greement Vitnessetb: 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 daim or other lien or claim of any kind whatsoever shall be fled 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, materiaimen and laborers shall look to and hold Contractor personalty liable for all subcontracts, materials furnished and work and labor done. glub 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 fumished 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. Stilt, 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 materiaiman, any and all claims or daim, 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: All . Holmes CARLTON B. GEESAMAN BOIL tNG SDELING, INC. B 4%. File No. 30357HOLMES LEGAL DESCRIPTION ALL tbst certain lot of teed enlist, in dw Borough of Csmp 1Ti11. County of Cumberland and State of Pmylvavde, bfint La No. 12 an the Plan of Las of3sedw C, Padt Rhk which Plea i v y uoadad in the Office of dw Raoorder cf Dasde in and be CumbarloW Cow". Penmsylvanik in Ples Hook 8, Pats 38, and being more prtiaulrly boundd and described as filbws: B$COWNG at a point an the sovibrb+ lies of Wymewood Road, said point being located in an am"* d'aactiar aloes due soaherly tins of Wynnewood Road lhom the eastern side of Adhoon Rod a distance of 56633 Most, and which paid 1.40 on the d1"11t line betweeat Lots Nas. l l and 12 oar fe berttLnbe6oce mentioned Man of Loth tbiserce along said dlrediag line Satth 52 ds?cs 38 ttriruulee Bast 165.16 Bat to a point in Bas of hard now a ibnosru? of B. T. Scheamei; thence akcog said hod now or howl y of SddmmA North 62 detntt 46 minntas Bast a distance of 17139 he In a monument In line of othr had now or frsmt of]L T. Sobhumal; tltanoa aloa8 amid afar had of Schimand North 29 degrees 43 taftwons Weer a d'Wwm of 4272 feet to a paid on the dtvidht Has belweef Lob Nos. 12 and 13 on the h rainbe111 , memdiow d Pisa oft o* doom aloft amid dpi" inns Nath 77 chasms 13 minutes west a distance of 239.16 fist m a point oaths southerly Has of Wymmmod5tood; thefts in a sodhwest.riy nieaation aloof the soalwn lint of Wynnewood Road. by scum to the right hsvict a radius of 178.17 !lesk an act dMafos of 73.42 fist to a paid, the ph= of Beginnin8. UNDER AND SUBJBC.T to ts*iofi= as set ft* in Deed recorded in Deed Hook Z, Vol. 11, Pate 328. excepting those, if any. pertaining to wet, =vW or color, which it Is eecp vWy . intended shall sot be imposed or reimposed banby. PROVIDED, That the Grantsa, their scxmocs and wipe, shall not acquire horcundcr fry right to regtdn at ar*rce in any way a Heft aa*wk line or bWk tt line at any Stealer distmee thus 15 lbet, h m the street line or 23 bN Am the such line with respect to Lou Nw.13,1 4, 15,16,17 and 18 in aid Phut of Park Hill:, Soction G SUBJECT fact w to the rsabrietion that no Xround which maybe removed boo this lot shall be removed Rom the Pack IOUs section to the Borough of Camp Hits. AND further subject to the building and ua restrictions as appear on said plan. BEING the same premises which Heather S. Fischer, Executrix of the Estate of YYilma L Schroder, deceased, by Deed dated June 28, 2001, and recorded July 27, 2001, In the Office of the Recorder of Deeds In and for the County of Cumberland, Pennsylvania, in Book 247, Pate 3137, granted and conveyed unto Allen K. Holmes, Mortgagors herein. y 2009 NOY -6 PM (: 48 ? ?-? . o a ? d war 5??? cr,4- 3I1 v/ /Z ?33/0?