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HomeMy WebLinkAbout04-2745Stipulations Against Liens Kenneth L. Hurley Owl~er In the Court of Common Pleas County of Cumberland , Pennsylvania Chesapeake Homes, Inc. Docket Number Page Number Term 2004 Whereas, Chesapeake Homes, Inc. ("Contractor") of 580 Bow Creek Read Grantville, Pa 17028, has entered into a contract with Kenneth L. Hurley ("Owner") of , for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 425 Meadow Brook Rd., CarLisle, PA 17013Lower Frankford township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Kenneth L. Hurley is 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: Kenneth L. Hurley By Gerald M Heckener, V P File No. YA042006SER ALL THAT CERTAIN tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Stephen G. Fisher, R.S., dated July 15, 1987 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 53, page 147. BEGINNING at a railroad spike in the centerline of T-486, Meadowbrook Road, at corner of lands of Forest M. and Jeannette E. Husler, et us; thence along the centerline of T-486, Meadowbrook Road, North 33, degrees 08 minutes 28 seconds West 183.23 feet to a railroad spike; thence still along the centerline of T-486, North 34 degrees 35 minutes 46 seconds West 547.22 feet to a railroad spike; thence along Lot No. 1on said plan North 83 degrees 03 minutes 46 seconds East 568.54 feet to an iron pin; thence along lands of David O. and Barbara G. B. Lillich, et us, South 00 degrees 33 minutes 38 seconds West 500.17 feet to an iron pin; thence along lands of Forest M. and Jeannette E. Husler, et us, South 40 degrees 45 minutes 38 seconds West 227.62 feet to a railroad spike, the place of BEGINNING. CONATINING 5.0502 acres and designated as Lot No. 2 on plan for Ethel M. Hurley.