HomeMy WebLinkAbout09-8469
STIPULATION AGAINST LIENS
Kenneth E. Lay and Karen S. Lay in the Court of Common Pleas of
Owner Carlisle, Cumberland County, Pennsylvania
Rine & Rine Builders, Inc. Docket Number &'I//- F/ ?f/ IR4 Term 2009
Contractor
Page Number
Whereas, Rine & Rine Builders, Inc. ("Contractor") of 19 Independence Drive,
Shippensburg, Pennsylvania 17257, has entered into a contract with Kenneth E. Lay and Karen S.
Lay ("Owners") of 3 David Glenn Drive, Lot 18, Cela Crossing, Carlisle, PA 17015, for the
erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 3
David Glenn Drive, Lot 18, Cela Crossing, Penn Township, Carlisle, Cumberland County,
Pennsylvania, described in Exhibit "A" hereof; of which Owners are the title holders of record:
and
Whereas, it is the intention of Owners 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 by
Owners 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 Owners 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 Owners full power and authority to protect Owners 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.
P
a;
/WJ
RINE & RINE BUILDERS, INC.
By:
Curtis J. ine
File No. MS2414
ALL THAT CERTAIN lot or tract of land situate the Township of Penn, County of
Cumberland and State of Pennsylvania, designated as Lot "18" as shown on Subdivision Plan
entitled "Final Subdivision Plan for Cela Crossings" prepared by Eric L. Diffenbaugh,
Professional Land Surveyor, dated June 3, 2004, revised June 23, 2004, which plan has been
approved by the appropriate municipal authorities as a final Subdivision Plan, and which is
recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in
Plan Book 89, Page 104, and is bounded and described as follows:
BEGINNING at a set iron pin along the southern right of way line of David Glenn Drive at the
dividing line between Lot 18 and 19 on the hereinabove-referenced plan; thence along said
dividing line, South 41 degrees 07 minutes 14 seconds East 448.25 feet to a set iron pin; thence
along line of lands now or formerly of Edward L. Ege and Deborah N. Ege, South 51 degrees 59
minutes 33 seconds West 207.31 feet to a set iron pin; thence along the dividing line between Lot
17 and Lot 18 on the hereinabove-referenced plan, North 41 degrees 07 minutes 14 seconds West
436.99 feet to a set iron pin; thence along the southern right of way line of David Glenn Drive,
North 48 degrees 52 minutes 46 second East 207.00 feet to a set iron pin, the point and place of
BEGINNING.
ACID-t?t-? if%c
s
OF THE FRa "r?C)NOTARY
2009 DEC -8 AM 10: 18
PENNISYNA iA
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