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HomeMy WebLinkAbout10-4250.f r Stipulation Against Liens Jonathan D. Stephenson and Jacquelin D. Stephenson, husband and wife Owners In the Court of Common Pleas of Cumberland County J. W. Mumper Construction, Inc. Contractor File No. Io - 44150 MLD Whereas, J. W. Mumper (Contractor) o& Woodstock Court, Mechanicsburg, PA 17050- 8230 has entered into a contract with Jonathan D. Stephenson and Jacquelin D. Stephenson (Owners) of 811 Lark Drive, Harrisburg, PA 17111 for the erection or construction of a SINGLE FAMILE DWELLING upon the lot of ground known as 100 Riverbend Drive, Enola, PA 17025 described in Exhibit "A" hereof, of which Jonathan D. Stephenson and Jacquelin D. Stephenson, husband and wife, are the title holder of record; and Whereas, it is the intention of the 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 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 an 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 cartilage 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 the 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 error, defect, and imperfections, whatsoever in entering such satisfaction in anywise touching or concerning the same. Witness out hand and seal the day and year aforesaid: Signed and sealed in the presence of: -,(Owner) Yonathan D. Step nson Q?.J (Owner) Ja u ' D. Stephen on NOTARIAL SEAL JANET LME, NOTARY PUBLIC SANER SPRING TN, CUMBERLAND COUNTY MY OOM IMON EXPIRES MARCH 30, 2014 ? Qr Q c i I l. , Ky ` . .?-y? 4. -%al. 00 P O FULTOM Xjtl CASH 0 d443A,-F Witness out hand and seal the day and year aforesaid: Signed and sealed in the presence of: (Contractor) J. W. Mum er Construction, Inc. - NOTARIAL SEAL JANET L MEL, NOTARY PUBLIC l I? ???cl o SILVER SPI NO TWP., CUMBERLAND COUNTY W COMMISSM E% KS MARCH 30, 2014 JUN-29-2010 13:52 DROVERS SETTLEMENT SVE 717 845 8252 P.02 ALL TH kT CERTAIN piece, parcel or lot of lands situate in East Pennsboro Township, Cumberland County, Pennsylvania; designated as Unit No. 10 on the Preliminary/Final Subdivision Plan by Rettew Associates, for River Bend, A Planned Community dated November 15, 1996, last amended January 7, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on February 24, 1999, in Plan Book 78, Page 75, and being designated as Unit No. 10 in a Declaration of River Bend, A Planned Community, dated October 9, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 591, Page 477, being further bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of a 40 foot wide access easement for a private road at a corner of Lot Number 9; thence by said Lot the following two (2) courses and distances: (1) North 84 degrees 41 minutes 32 seconds West a distance of 30.00 feet to a point; (2) South 75 degrees 26 minutes 57 seconds West a distance of 372.48 feet to a point on line of lands now or formerly of Lehr; thence by said lands North 29 degrees 16 minutes 32 seconds West a distance of 135.43 feet to a point at a corner of Lot Number 11; thence by said Lot the following two (2) courses and distances: (1) North 75 degrees 26 minutes 57 seconds East a distance of 474.29 feet to a point; (2) South 34 degrees 20 minutes 10 seconds East a distance of 134.25 feet to a point on the Southerly line of a 40 foot wide access easement for a private road; thence along said access easement the following three (3) courses and distances: (1) South 55 degrees 39 minutes 50 seconds West a distance of 30.74 feet to a point; (2) By a line curving to the left and having a radius of 30.00 feet, an arc length of 49.89 feet and a chord bearing of South 08 degrees 01 minutes 20 seconds West a distance of 44.34 feet to a point; (3) South 39 degrees 37 minutes 11 seconds East a distance of 10.97 feet to a point on the cul-de-sac right-of-way line of Leeward Lane; thence along said right-of-way line, by a line curving to the left and having a radius of 50,00 feet, an arc length of 41.15 feet and a chord bearing of South 50 degrees 22 minutes 49 seconds West a distance of 40.00 feet to a point at a comer of Lot Number 9; thence along said Lot the following two (2) courses and distances: (1) North 39 degrees 37 minutes 11 seconds West a distance of 10.97 feet to a point; (2) Along a line curving to the right and having a radius of 70.00 feet, an arc length of 54.89 feet and a chord bearing of North 17, degrees 09 minutes 21 seconds West a distance of 53.49 feet to a point, the Place of BEGINNING. CONTAINING 65,864 square feet or 1.51 acres. BEING the same premises which Douglas P. Pugh by Deed dated October 30, 2009 and recorded November 04, 2009 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, as Instrument Number 200937375 granted and conveyed unto Jonathan D. Stephenson and Jacquelin D. Stephenson, husband and wife. TOTAL P.02