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HomeMy WebLinkAbout01-1784Stipulations Against Liens WILLIAM E. LEHMAN and BRENDA LEHMAN, husband and wife Owner THOMAS CONSTRUCTION Contractor In the Court of Common Pleas County of CUMBERLAND Docket Number Page Number , Pennsylvania Term 19 Whereas, Thomas Construction ('Contractor'') of 155 Ken-Lin Drive, Carlisle, PA 17013 has entered into a contract with WILLIAM E. LEHMAN and BRENDA LEHMAN, husband and wife ("Owner") of 1126 Fairfield St., Mechanicsburg, PA 17055 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as LOT 18 HILLSIDE FARMS, MECHANICSBURG, PA, SILVER SPRING TOWNSHIP, CUMBERLAND County, PENNSYLVANIA described in Exhibit "A" hereof, of which WILLIAM E. LEHMAN and BRENDA LEHMAN, husband and wife 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, matedalmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever sha~l 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, materialman 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 hand and seal the day and year aforesaid. Signed and sealed in the presence of: File No. 01-3665 ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern right-of-way line of the cul-de-sac of Winchester Court, at the easternmost comer of Lot No. 19 on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Lot No. 19 North 29 degrees 49 minutes 27 seconds West a distance of 196.96 feet to a point on the southern line of Lot No. 22 on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Lot No. 22, North 60 degrees 10 minutes 33 seconds East a distance of 287.01 feet to a point on the western line of lands n/f Cumberland Valley School District; THENCE along the western line of said School District lands South 29 degrees 49 minutes 25 seconds East a distance of 323.37 feet to a point at the northernmost comer of Lot No. 17 on the hereinafter described Final Subdivision Plan; THENCE along the northern line of said lot No. 17 South 68 degrees, 10 minutes, 08 seconds West a distance of 130.91 feet to a point on the northern right of way line of the cul-de-sac of Winchester Court; THENCE along the northern right-of-way line of the cul-de-sac of Winchester Court by a curve to the left having a radius of 95.00 feet, an arc length of 162.48 feet to a point at the westernmost comer of Lot No. 19 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. CONTAINING 61,112.00 square feet, more or less. BEING Lot No. 18, Final Subdivision Plan for Hillside Farms - Phase II, dated September 17, 1998, last revised June 23, 2000, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 81, Page 67. UNDER AND SUBJECT to a twenty (20) foot wide pedestrian easement across the southern portion of the premises, as shown on the above referenced Final Subdivision Plan.