HomeMy WebLinkAbout11-2856" Stipulations Against Liens
Geoffrey M. Kinch, H and
Jennifer L. Kinch
Owner
In the Court of Common Pleas County of
Cumberland
Docket Number i I , ?- g' S (o
C& C Construction
Contractor
Page Number
Pennsylvania
Mt ` D Term 2011
Whereas, C&C Construction ('Contractor") , P?f 5745 Spring Road, Shermansdale, PA 17090 has entered into a contract
with Geoffrey M. Kinch, II and Jennifer L. Ki ch ("Owner") of 650 Hunters Road, Newville, PA 17241 for the erection or
construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 650 Hunters Road, Newville, PA 17241,
Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Geoffrey M. Kinch, II and Jennifer L.
Kinch is the title holder of record; and
Whereas, it is the intention of Owner and C ntractor 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 ontractor, for and in consideration of the contract aforesaid and the
considerations mentioned thereunder, as w I as the further consideration of One Dollar ($1.00) to it in hand paid by the
Owner at or before the sealing and delivery f these presents, the receipt of which is hereby acknowledged, and intending
to be legally bound hereby, does hereby for Want, promise and agree, for Contractor and any and ali 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 o maintained against the building, improvements, lot of ground or any part
hereof, or the curtilage or curtilages appurte ant 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 mat ials furnished under any supplemental contract for extra work in the erection,
construction and completion of the building a well as to any work and labor done and materials furnished under the
contract aforesaid.
And, in order to give the Owner full power ar
ground, against any and all claims filed by Cc
foregoing covenant, Contractor hereby irrevo
of the Commonwealth of Pennsylvania to api
Contractor and in Contractor's name, mark s;
subcontractor or materialman, any and all cle
or materialman, or in the name of any one or
thereof, and, for such act or acts, this shall bi
Term and Number in which this instrument sl
contained to warrant such action, and the Co
of errors, defects and imperfections whatsoe
same.
X M&re. k I 010 I
A er?)ir11i Witness our hand and seal the day
(-
tT) Signed and sealed in the presence of:
I authority to protect Owner and the building, improvements and lot of
itractor or anyone acting under or through Contractor in violation of the
ably authorizes and empowers any Attorney of any Court of Common Pleas
gar for Contractor in any of the said Courts of Common Pleas as attorney for
:isfied of record at the cost and expense of the Contractor, or of any
ns or claim, liens or lien, filed by or for the Contractor, or any subcontractor
nore of them against the building, improvements, lot of ground or any part
good and sufficient warrant and authority, and a reference to the Court,
all have been filed shall be a sufficient exhibit of the authority herein
tractor does hereby remise, release, and quit claim all rights and all manner
or in entering such satisfaction of in anywise touching or concerning the
year aforesaid.
C -
r? =rra ;ice.
t2'#?? ZsrS
9
File No. 11-1190
ALL THOSE three certain tracts of land sit' ate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded
and described as follows:
TRACT NO. 1 (Tract No. 5):
BEGINNING at a stone in the crossroads le ding to McCrea Post Office and Bolls Wollen Factory; thence by Tract No. 2
(Tract No. 6) hereinafter described, South degrees East 28 perches to a post; thence South 10 degrees East, 10 perches
to a post; thence North 83 degrees East 28. perches to a post; thence North 11.25 degrees East 36.3 perches to a chestnut
tree; thence by land now or formerly of D niel P. Arbegast, South 81.75 degrees East 36.8 perches to a stone; thence
South 12.25 degrees East 10 perches; then South 1.25 degrees East 11 perches to a post; thence South 44 degrees East
5.5 perches to a post; thence South 6.5 de rees East 10 perches; thence South 72 degrees West 11.8 perches to a post;
thence South 18.50 degrees West 20 perches to a post by land now or formerly of Reuben Clouse and Tract No. 7
hereinafter described; thence South 73 de?rees West 93.5 perches to a post by land now or formerly of Paul Harvey;
thence due North 17 perches to a lime stoned thence North 6.50 degrees West 29.5