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HomeMy WebLinkAbout11-4537Stipulations Against Liens PATRICK R. HAFFEY AND HENRIETTA M. HAFFEY Owner ZIMMERMAN EXTERIORS, INC. Contractor In the Court of Common Plea% County of Cumberland Docket Number /A 2-I537 , Pennsylvania XAA Term 20 Page Number Wbereag, ZIMMERMAN EXTERIORS, INC. ("Contractor") of 2 ECHO VALLEY DRIVE, EPHRATA, PA, 17522, has entered into a contract with PATRICK R. HAFFEY AND HENRIETTA M. HAFFEY ("Owner") of 212 CLARK STREET, LEMOYNE, PA 17522, for the roof replacement upon the property known as 212 CLARK STREET, LEMOYNE, PA 17522, LEMOYNE BOROUGH, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which PATRICK R. HAFFEY AND HENRIETTA M. HAFFEY are the title holder of record; and Wbereag, 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. -Oobu, Tbi% Zigreement Witneggetb: 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. Zinb 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. Z(nb, 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 allmht"nd* manner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touchil oaBonWnmg the same. -ow ac =-n z=-'' c -corn Witness our hands and seals the day and year aforesaid. ter`" N op 3? w Signed and sealed in the presence of:Q C-) ZZ lay ? ?J-'(rnl f-f+' ? ? y` Co PATRIC R. HAFF Y I LA 'Alt eaull_? HENRIETTA M. HAFFEY ZIMMERMAN E I INC. BY 3170 I All THAT CERTAIN lot or tract of 'land situate in the Borough of Lemoyne, County of and described as follows,, to wit: Cumberland and Stets of pe,wsylvaaia, bounded BECINNM at a point on South. side of Clark Street, at a point eight hundred twenty- three and nine tenths (823.9) feat East of Southeastern corner of RossmoYastpnehence Clark Strata, at Eastern line two hhundred (200) feeteto It point; thence Eaatwardly Southwardly along said props parallel to Clark Street fifty-five (55) feet to a point; thence Northwardly at right angles to Clark Street two hundred (200). fast to the southern line of Clark Street; thence westwardly along said street fifty-f.Lve.(55) feet to the Place of BEGINNING. HAYING thereon erected a single aluminum dwelling house known and numbered as 212 Clark Street, Lemoyne, Pennsylvania. _...._. :?.._ - BEING THE SAME PREMISES which Charles G. Crider, Jr. and Mary Ann Crider, his wife by their Deed dated December 8, 1975 and recorded December 8, 1975 in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Deed Book J26, Page 172, granted and conveyed unto Patrick R.Haffey and Henrietta M.Haffey, his wife.