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HomeMy WebLinkAbout11-7118Stipulations Agains^Liens 9n tlEe eauxt of e'onurwa JQeao eou try of Tommy Alan Crrrm and Andrea Marie Cumberland Cruni Pennsylvania Owner Hughes Contracting, Inc. Docket Number (I _ 't' 0 Qr ( Term 2011 1t Contraclor Page Number C_" r'•ry -r? Uifiexeao, Hughes Contracting, Inc. ("Contractor") of 1787 West Trindle Road, Suite 801, Carlisle, PA 17015, has Frt :?U r7i Fl' ._. "_? entered into a contract with Tommy Alan Crum and Andrea Marie Crum ("Owner") of 71 Fairview Street, Carlisle PA CO r- x :- , 17015, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Ridge Road , M c, , Carlisle, PA 17015South Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof of which , Tommy Alan Crum and Andrea Marie Crum are the title holder of record; and n ;. Wfiiexeaa, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected a" O D C) © 7::' 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, 5&6 ( #wwwat WUnejoeth: 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. Qnd 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: oftf %ai. 00pt CL *- iab? File Nq: r-0042 0 Commonwealth of Pennsylvania } County of Cumberland } ss til-- On this j J ? day of 2011, before me, the undersigned Notary Public, personally appeared Seth Hughes, President of Hughes Contracting, Inc., known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledge that they executed same for the purposes therein contained. IN WITNESS THER herewith set my hand and official seal. Notary Public My commission expires Contmonwedth of Psnn Mania NOTARIAL SEAL. PATRICIA A. SHIRK, Notary Pcblfcty West Hempfield Twp.. Lancaster My Commission Expires March 26, 2014 Commonwealth of Pennsylvania } County of Cumberland } ss ,t-- On this day of 2011, before me, the undersigned Notary Public, personally appeared, Tommy Alan Crum and Andrea Marie Crum known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledge that they executed same for the purposes therein contained. IN WITNESS,I heroivith set my hand and official seal. Notary Public My commission expires Commonwealth of Penns ania OT R PATRICIA A. SHIRK, Notary Public West Hempfeld Twp., Lancaster County M Commission Expires March 26, 2014 Prepared By Action Rea! Estate Services LLC Title No. CC275 SCHEDULE C ALL that certain lot of ground situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows; BEGINNING at a stone in the Ridge Road; thence along the western side of said road by land now or formerly of A. Homer, North 30.5 degrees East 29.1 perches to a stone in said road; thence by land now or formerly of Roy Zimmerman, North 18 degrees West 15.8 perches to stone; thence by same South 62.5 degrees West 33.7 perches to a stone; thence by same South 44 '/, degrees West 5.3 perches to a post; thence by lands now or formerly of John Clevish, South 48.5 degrees East 31.4 perches to a stone in the Ridge Road, the Place of BEGINNING. LESS THAT TRACT of land conveyed to United States of America, Secretary of Interior, set forth as Tract No. 2 and identified as Tract 366-02, Appalachian National Scenic Trail, containing 2.02 acres, dated October 27, 1987 and recorded in Cumberland County Deed Book Z, Volume 32, Page 1084. BEING the same premises which Esther F. Cassel, widow by Deed dated September 16, 2010 and recorded September 16, 2010 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, as Instrument No. 201025947 granted ani conveyed unto Tommy Alan Crum and Andrea Marie Crum, his wife.