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HomeMy WebLinkAbout11-6751Stipulations Against Liens Paul E. Cantrell In the Court of Common Pleas County of Owner Cumberland , Pennsylvania Docket Number Term 2011 Grant Deitch Page Number Contractor Whereas, Grant Deitch ('Contractor") of y46entc?. <3+`,? 5yW^t1 has entered into a contract with Paul E. Cantrell ("Owner") of > A.aU for the erection or construction of a SINGLE FAMILY DWELLING upon W6 lot of ground known as 277 Deitch Lane, Mechanicsburg, PA 17050, Silver Spring Township, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Paul E. Cantrell 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 inconsideration 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. C= -*a rn ' Z C ? `'r= r Q1 M ?a p O Z O ? ? A• 3 = zo ?,. C O dc's ? rrr . od pd ??,µu3S?O ,F-411 -A) 3 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. Z<, 2011 Signed and sealed in the presence of: esa-?W Paul E. rell, O er Contractor Grant Bitch File No. H37-443 ALL THAT CERTAIN piece or parcel of land known as Lot #14 of The Final Subdivision Plan for 275 Rich Valley Road prepared by Hoover Engineering Services, Inc. dated March 29, 2007 and Recorded June 4, 2007 in the Cumberland County, Pennsylvania Recorder of Deeds Office in Record Book 94, page 72 said plan prepared for Helen A. Deitch, situate in Silver Springs Township, County of Cumberland and State of Pennsylvania bounded and described as follows to wit: BEGINNING at a concrete monument as shown on said plan, said point being the corner of Lot #13, South 28° 19' 10" East a distance of 169.19 feet to said point; thence South 59° 13' 57" West a distance of 87.06 feet to said point; thence along lands now or formerly of William D. and Sharon Miller as described in Deed Book 151, page 1011, South 32° 16' 46" East a distance of 457.84 feet to said point; thence South 51° 53' 54" West a distance of 211.35 feet to said point; thence South 56° 28' 20" West a distance of 107.08 feet to said point, said point being the corner of Lot #16; thence along the dividing line of Lot #16 North 28° 19' 10" West a distance of 313.50 feet to said point; thence North 61° 40' 50" East a distance of 60 feet to said point; thence along the dividing line of Lot #15, as shown on said plan North 28° 19' 10" West a distance of 363.00 to said point; thence along lands now or formerly of Albert C. and Mary L. Troutman as shown in Deed Book 27-N, page 834, North 61° 40' 50" East a distance of 310.06 feet to said point; said point being a concrete monument as shown on the aforesaid mentioned plan and the point and place of BEGINNING.