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HomeMy WebLinkAbout11-2327Stipulations Against Liens Karen S. Hirsch Owner Manning Homes, LLC Contractor February 24, 2011 In the Court of Common 30Ieas; 4Countp of Cumberland Docket Number lt- a3?? m?.D , Pennsylvania Term 20 Page Number 30berea.0, Manning Homes, LLC ("Contractor") of 1520 Slate Hill Road, Camp Hill, Pa 17011 , has entered into a contract with Karen S. Hirsch ("Owner") of 809 Bosler Avenue, Lemoyne, Pa 17043, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 407 Linwood Street, New Cumberland, PA 17070, New Cumberland Borough, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Karen S. Hirsch is the title holder of record; and Vfjereag, 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. ,R.obo, Tbio agreement Vitnelgetb: 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. anb 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. anb, 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: K S. Hirsch Manning Homes, LJ.C BX =? Y icha 'f1Aan ng -' E Vfp p4- 9d 1 'T 0&087an R.. 255705 e z ??.?1., ,. 4a?4 ? ??B 2? AE's ?: "`. ' { F File No. 31189HIRSCH GATES MANOR LOT 7 ALL THAT CETRAIN tracts or parcels of land and premises, situated, lying and being in the Borough of New Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point along the northern right-of-way of Linwood Street, said point being located South 27 degrees 44 minutes 17 seconds West a distance of 232.43 feet from a concrete monument set along the western right-of-way of Anna Street; thence from said point of beginning along Lot 8 of Gates Manor North 36 degrees 33 minutes 00 seconds West a distance of 150.00 feet to a point; thence along Lot 15 of Gates Manor North 53 degrees 27 minutes 00 seconds East a distance of 48.17 feet to a point along lands now or formerly of Geneva C. Bruckart; thence along lands now or formerly of Geneva C. Bruckart and Lot 6 of Gates Manor South 37 degrees 59 minutes 54 seconds East a distance of 126.33 feet to a point along the northern right-of-way of Linwood Street; thence along the northern right-of-way of Linwood Street by a curve to the left with a radius of 50.00 feet and an arc length of 30.71 feet, with a chord bearing of South 22 degrees 51 minutes 36 seconds West a chord distance of 30.23 feet to a point; thence along the same by a curve to the right with a radius of 25.00 feet and an arc length of 21.03 feet, with a chord bearing of South 29 degrees 21 minutes 44 seconds West a chord distance of 20.42 feet to a point; thence along the same South 53 degrees 27 minutes 00 seconds West a distance of 6.70 feet to a point, being the point of BEGINNING. CONTAINING: 6,991 Square Feet (0.16 Acres) BEING the same premises which Lowell R. Gates and Linda Lee Gates, husband and wife, by Deed dated September 26, 2008, and recorded September 29, 2008, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, as Instrument No. 200832912, granted and conveyed unto Manning Homes, LLC, a Pennsylvania limited liability company. BEING part of the same premises which Manning Homes, LLC, a Pennsylvania limited liability company by their Deed dated 'i-- , 2011 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Karen S. Hirsch, Grantor herein.