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HomeMy WebLinkAbout04-3695Stipulations Against Liens Kimberly M. Reed, single Richard E. Bard gu toe Court of Commou ~[ea~ Cauntg o[ Cumberland Docket Number O~/- 3 b q5- Page Number , Pennsylvania Term 2004 ~Oerea,, Richard E. Bard ('Contractor") of 325 West Creek Road, Newburg, Pennsylvania 17240 has entered into a contract with Kimberly M. Reed, single ("Owner") of 325 West Creek Road, Newburg, Pennsylvania, 17240 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Walnut Dale Road, Shippensburg, PA 17257, Southampton township, Cumberland County, PENNSYLVANIA described in Exhibit hereof, of which Kimberly M. Reed, single is the title holder of record; and -~l~['rCa~, 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. ~ot~, ~;l~i~ gtllre~ment tJOitnta~tt{}: 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, materialman, 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, materialman and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. ~[ztl~ 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. ~lll~, 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 Co~tractor, 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 a~-s~aled in the ~eseoce of: ~ File No. CTA0235 All that certain lot or piece of ground situate in the, Cumberland County and Commonwealth of Pennsylvania, bounded and limited as follows: Beginning at a point in the center of Township Road T-323 at comer of lands now or formerly of Glen Plaster, said point being the northwesterly most comer of the within described premises; thence South 10 degrees 37 minutes 45 seconds West 337.77 feet through an iron reference pin and along said Plaster land to an iron pin for a comer in line of land now or formerly of Cai Cranaer; thence North 89 degrees 13 minutes 5 seconds East 268.58 feet to an iron Pin for a comer, said being in line of land now or formerly of Richard Ott, thence along line of said Ott land North 19 degrees 28 minutes 23 seconds East 300.85 feet to an iron pin for a comer; thence South 88 degrees 28 minutes 25 seconds West 30.42 feet to an iron pin for a comer; thence North 80 degrees 38 minutes 54 seconds West 279.86 feet to the point and place of beginning. CONTAINING 1.896 acres, more or less, exclusive of dedicated right-of-way area.