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HomeMy WebLinkAbout10-1875 -'Stipulations Against Liens Mark R. Thompson anvi Beverly S. Thompson Owner Epic Building Group, LLC In the Court of Common Pleas County of Cumberland Pennsylvania Docket Number /l/ - /S 15 Term 2010 Contractor Page Number Whereas, Epic Building Group, LLC ("Contractor') of 75 Spring Lane Road Dillsburg, PA 17019, has entered into a contract with Mark R. Thompson and Beverly S. Thompson ("Owner") of 2980 Valley Road, Marysville, PA 17053, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 7063 (lot 2) Wertzville Road, Mechanicsburg, PA 17055Silver Spring Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Mark R. Thompson and Beverly S. Thompson 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 sealeyl,in the presence of: ?/- 4W ?? &-r/ JA?d ?4.e d G53? hv-ka??li 4 (tom T7 ? - Mark R. Thompson Bever) Thorn n Epic Building Group, LLC By: Chris Folk Title: d rti! %, A ??ln? EXHIBIT A ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a plan prepared by Hoover Engineering Services, Inc. dated July 12, 2005 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 91, Page 116, as follows: BEGINNING at a point in centerline of the Wertzville Road, SR 944, at point of Lot No. 1 on said plan; thence along Lot No. 1, South 02 degrees 20 minutes 50 seconds East, 658.55 feet to an iron pin; thence along line of lands now or formerly of Larry L. Vogelsong, South 84 degrees 25 minutes 17 seconds West, 315.72 feet to an iron pin found; thence along lands now or formerly of Youngs E.U.B. Church North 01 degree 55 minutes 13 seconds West 652.08 feet to a point; thence along centerline of Wertzville Road, SR 944 North 83 degrees 10 minutes 35 seconds East 311.31 feet to a point, the place of BEGINNING. BEING designated as Lot No. 2 on Plan for Elmer and Violet Humer BEING the same premises which Elmer H.W. Humer, by his successor attorney in fact, Bonnie Hollinger and Violet E. Humer, by her successor attorney in fact Bonnie Hollinger by deed dated December 28, 2005, recorded December 30, 2005, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 272, Page 2805 granted and conveyed unto Steven J. Rose and Jennifer M. Rose, his wife. THE RECITAL on the deed recorded in Book 272, Page 2805 states property was formerly a part of Record Book M, Volume 20, Page 438. This recital should have stated the property was part of Record Book F, Volume 27, Page 893.