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.
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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.