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HomeMy WebLinkAbout11-5111Stipulation Against Liens DOUGLAS E. EICHELBERGER, In the Court of Common Plea"f Owner CUMBERLAND County c °- rn co C- CROCKETT LOG & TIMBER HOMES, File No. z r- ? I I-Sll 1 G?? =? N Contractor ?3. _ r-- 2 Whereas, CROCKETT LOG & TIMBER HOMES, Contractor) of zp s 58 ?' D• McC?l" iCS 14 1'16 I) has entered intoa.= "' 5 contract with Douglas E. ichelberger, (Owner) 0 1f? 50 Farm Valley Road, Wellsvil?, `0 PA 17365 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 6.61 Acres on Smith (New Petersburg) Road, Boiling Springs, PA 17007, described in Exhibit "A" hereof, of which Douglas E. Eichelberger are the title holder of record; and Whereas, it is the intention of the Owners 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 Owners 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 an 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 Owners 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 cartilage 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 Owners full power and authority to protect Owners 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 the 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 .Q x -0rn ©° -? C) z? o i 7-0 atia- 9% DI - 06 PA 60016 ea a)W RSZ 1 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 error, defect, and imperfections, whatsoever in entering such satisfaction in anywise touching or concerning the same. Wintess out hand and seal the day 1 d ye?fo Iesaid: Signed and sealed in the presence of: (Owner) P-Az Douglas E. Eichelberger (Owner) (Contractor) Doug, s Dodson SCHEDULE C ALL THAT CERTAIN piece, parcel or tract of land, situate in South Middletown Township, Cumberland County, Pennsylvania, described in accordance with a survey and plan thereof prepared by Act I Consultants, dated May 12, 2002, bearing drawing No. 03-073, a copy of which is attached to Deed Book 258, Page 1687 which premises are bounded and described as follows, to wit: BEGINNING at a pin found at the northwest corner of lands of Francis Worley Estate; thence along same and crossing a public road known as the New Petersburg Road, South 05 degrees 27 minutes 33 seconds West, the distance of 659.75 feet to a pin found; thence North 54 degrees 04 minutes 37 seconds West, the distance of 534.40 feet to a stake in stones at line of lands of Eric Blumberg and Charles M. Fogarty; thence along lands of Charles M. Fogarty and crossing the public road known as the New Petersburg Road, North 06 degrees 41 minutes 07 seconds East, the distance of 602.43 feet to a pipe found at line of lands of Ralph E. Hoffman; thence along same, South 59 degrees 03 minutes 1 I seconds East, the distance of 495.72 feet to the pin at the point and place of BEGINNING. BEING the same premises which Charles M. Fogarty, a single person by Deed dated December 08, 2003 and recorded December 09, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 260 Page 3690 granted and conveyed unto Douglas E. Eichelberger.