HomeMy WebLinkAbout11-3634Stipulations Against Liens N o. ) - 3 6 3-l IlLb
DUSTIND. FINKENBIND FILED-OFFICE
,, PE PRQTHONOT'AI 'the Court of Common Pleas County of
2011 APR 13 PM 4: 6umberland
Pennsylvania
CUMBERLAND COUNTY
PENNSYLVANIA Docket Number Term 2011
BRYANT G. MINNICH Page Number
Contractor
Whereas, BRYANT G. MINNICH ('Contractor") of 95 Fox Lane, Newville, PA has entered into a contract with
DUSTIN D. FINKENBINDER ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING upon
the lot of ground known as 50 Harvey Road, (Lot 1, Shed Road, 9.6 Acres), Newville, PA 17241, Lower Mifflin
Township, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which DUSTIN D.
FINKENBINDER 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, 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.
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., iq pi- - I 13) -\W( ),
Signed and sealed in the presence of:
STIN 0!-.57MIKENBINDER
f. `
BRAT G. MINNICH
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EXHIBIT "A"
A L L that certain tract of land situate in the Township of Lower Mifflin, Cumberland County, Pennsylvania,
mere particularly bounded and described as follows:
BEGINNING at a point in a Township Road at corner of land formerly of C. Scott Richards; thence by
R ichards land North 26'/. degrees West 363 feet to a point; thence by same North 62 '/< degrees East 512
feet to a post; thence by same North 25 degrees 45 minutes West 230 feet to a post; thence by same North
6 ? degrees 15 minutes East 210 feet to a point at Big Run; thence down the Big Run by lands of Ed Watson
and Paul Harvey South 25 degrees East 690 feet to a point; thence by Paul Harvey South 11 degrees 30
minutes East584 feet to a point at land of Walters; thence by Walters tract South 60 degrees West 149.50
feet to a post at land of D'Engle; thence by D'Engle land North 43 degrees West 683 feet to appoint in the
aforesaid road, the place of BEGINNING. CONTAINING 15 acres more or less.
INCLUDED IN THE ABOVE DESCRIPTION BUT EXCLUDED FROM THIS CONVEYANCE THE
FOLLOWING TWO ADVERSES:
1. I'Nvo acres conveyed by Margaret J. Pusey, widow, by her deed dated April 5, 1971, and recorded in
C Umberland County Deed Book "A", Volume 24, at Page 967, granted and conveyed to Leroy A. Stitt and
Jean E. Stitt, his wife.
2. Tract of land conveyed by Jared P. Kammerer to Charlotte Little by Deed dated November 18, 2009,
ai id recorded in the Office of the Recorder of Deeds in and for Cumberland County at Instrument Number
200')8787 containing 3.3422 acres.
BEING the same real estate that Jared Paul Kammerer, single man, by his deed dated August 31, 2010, and
recorded September 7, 2010, at Cumberland County Recorder of Deeds Instrument Number 201024860,
grante( and conveyed to Dustin Finkenbinder, single man, the Mortgagor herein.