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HomeMy WebLinkAbout01-1551Stipulations Against Liens Jan S. Sechrist and Kyna S. Sechrist Esh Construction. in the Court of co,nmos[ t'le~s county of Cumberland Docket Number Page Number , Pennsylvania fY~ l,..l~ Term 19 whems, Esh Construction ('Contractor") of Reference source not found, has entered into a contract with Jan S. Sechrist and Kyna S. Sechrist ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot ~27 Cross RoadSchool Road, Carlisle, Pa., Township of West Pennsboro, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Jan S. Sechrist and Kyna S. Sechrist is the title holder of record; and w~oro~, 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 ~reement 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. ^~/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. ^.d, 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 hand and seal the day and year aforesaid. Signed and sealed in the presence of: 'File-No. PTA-PA-01..417 ALL that certain tract of land situate in West Pennsboro Township, Cumberland county, Pennsylvania, bounded and described in accordance with a Plan prepared by Stanley Jarmolenko, R.P.L.S., dated January 10, 1989, and recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 58, page 85. BEGINNING at a point in southern right-of-way line 0f Cross Road School Road, T-438 at comer of Lot No. 28 of Cross Road School Road Estates, south 29 degrees 18 minutes 51 seconds East 97.27 feet to a point at Lot No. 44 Cross Road School Estates, thence along Lot No. 44 of Cross Road School Road Estates, South 60 degrees 41 minutes 09 seconds West 156.07 feet to a point at lands now or formerly of hazel Piper; thence along lands now or formerly of hazel Piper, South 88 degrees 16 minutes 15 seconds West 187.08 feet to lands now or formerly of Mary Stover Estate, North 22 degrees 50 minutes 34 seconds West, 720.02 feet to a point; thence continuing along lands now or formerly of Richard Jones, North 58 degrees 29 minutes 21 seconds East 75.00 feet to a point; thence still along lands now or formerly, North 25 degrees 30 minutes 39 seconds West 162.69 feet to a point in southern right of way line of Cross Road School Road, T-438; thence along southern right of way line of Cross Road School Road North 60 degrees 41 minutes 09 seconds East 155.00 feet to a point, the place of Beginning. BEING the same premises which became vested in Jan S. Sechrist and Kyna S. Sechrist by deed from Harmon Graves Company and KIMBA, Inc. dated October 19, 1998 and recorded December 1, 1998 in Record book 190, page 160.