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HomeMy WebLinkAbout11-5325 Stipulations Against Liens Brad A. Paul and Amber L. Paul Owner Wheatland Custom Homes, Inc. Contractor In the Court of Common Pleas County of Cumberland , Pennsylvania Docket Number NO Term 2011 Page Number Whereas, Wheatland Custom Homes, Inc. ("Contractor") of 330 Millway Road Ephrata, PA 17522, has entered into a contract with Bradley A. Paul and Amber L. Paul ("Owner') of 5877 1/2 Fox Street, Harrisburg, PA 17112, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 458 Mulberry Drive (Lot 2), Mechanicsburg, PA 17050Silver Spring Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Bradley A. Paul and Amber L. Paul are 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 hands and seals the day and year aforesaid. Signed and sealed in the presence of: yam/ * ? •/ Brad A. Paul Amber L. Inc. By: Richard L. Martin, President c7 C C rri- z v ` o ¢ o =C) C C13 1 O :0 af?kk "1.Ov fd e?,.? totca File No. 11-01-6-18619 ALL THAT CERTAIN tract or parcel of ground situate in Silver Spring Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin on the southern right-of-way line of Mulberry Drive (30 feet more or less legal right of way from center line) and continuing along a common lot line between Lots No. 1 and No. 2 of Trindle Estates South 58 degrees 02 minutes 36 seconds East, a distance of 688.96 feet to a point in common with lands now or formerly of James A. and Rebecca B. Langer; thence continuing along said lot line, South 43 degrees 17 minutes 24 seconds West, a distance of 133.33 feet to a point; thence leaving said lot line and along the common lot line between Lots No. 2 and No. 3 of Trindle Estates, North 58 degrees 02 minutes 36 seconds West, a distance of 696.11 feet to appoint on the southern right-of-way line of Mulberry Drive; thence along said right-of-way line North 46 degrees 22 minutes 24 seconds East, a distance of 134.23 feet to a point, said point being the point of BEGINNING. BEING Lot No. 2 as shown on the Final Subdivision Plan of Trindle Estates (formerly part of Lot No. 156, Trindle Spring Development) as prepared by H. Edward Black and Associates, P.C. and recorded June 23, 2008 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania as Instrument Number 200820867. UNDER AND SUBJECT to set back lines, easements and conditions as shown on the aforementioned Final Subdivision Plan and restrictions and conditions as set forth in the Declaration of Trindle Spring Development Company that is recorded in Cumberland County Miscellaneous Book 396, Page 1191. FURTHER, UNDER AND SUBJECT to all conditions, restrictions, easements, rights of way of record or visible upon an inspection of the premises. BEING part of the same premises which Copenhaver Nurseries, Inc., by its deed dated December 21, 1988 and recorded December 22, 1988, in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "S", Volume 33, Page 788, granted and conveyed unto Trindle Spring Development Company.