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HomeMy WebLinkAbout04-4761Stipulations Against Liens Glenn-A. I~oodrow, Jr. and Beth ..a. t~Oodrow Owner In the Court of Common Pleas County of Cumberland , Pennsylvania Docket Number (~ l~l._ t~{~] ~ [_r3 Term2004 B.K. Builders Page Number Whereas, B. K. Builders ('Contractor"). has entered into a contract with Glenn A. Woodrow, Jr. and Beth A. Woodrow ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 189 Carlisle Road, Newville, PA 17241, West Pennsboro Township, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Glenn A. Woodrow, Jr. and Beth A. Woodrow 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 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. P,~d 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 hand and seal the day and year aforesaid. Signe~and se d~n the~n~of: Glenn A. Woodrow, Jr. Bet[A. Woodro~ / B. K. Bt~dere File No. 04938WOODROW ALL'those certain tracts of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, being ~ommonly known as "The Park" and being bounded and described as follows: TRACT NO. 1: BEGINNING at a post, comer or lands now or formerly of J.R. Woods Heirs; thence along lands now or formerly of said J.R. Woods Estate, South 19 ½ degrees West 18 perches to a post; thence along lands now or formerly of the Cumberland Railway Company, North 80 ~ degrees West 10.6 perches to a post; thence along lands now or formerly of said Cumberland Railway Company, North 66 ~ degrees West 9.9 perches to a post; thence along lands now or formerly of said Railway Company, North 77 ¼ degrees West 11.8 perches to a post; thence along lands now or formerly of George L. Lay, North 26 ~ degrees West 25.9 perches to a post; thence along lands now or formerly of Christ Oiler, North 30 degrees East 22 perches to a post; thence by land now or formerly of George Shoop, South 15 degrees East 31.75 perches to a post; thence by land now or formerly of Emanuel Wagner, South 82 degrees East 45.75 perches to the place of BEGINNING. CONTAINING 6 acres and 92 perches. TRACT NO. 2: ALSO the tract of land lying to the South of the above described tmet and described as follows: BEGINNING at a point on line of above described tract; thence North 66 ½ degrees West 9.9 perches; thence North 68 ~ degrees West 9.9 perches; thence North 68 ½ degrees West 16.4 perches; thence North 77 ¼ degrees West 11.8 perches to line of land now or formerly of Christ Oiler; thence South 27 ¼ degrees East 5.85 perches to line now or formerly of Dave Bishop; thence South 112 degrees East 32.65 perches to the place of BEGINNING. CONTAINING 1 acre, more or less. TRACT NO. 3: ADJOINING the above 2 tracts and described as follows: BEGINNING at a poim in line of Tract NO. 1; thence North 75 degrees West 417 feet to a point; thence North 64 degrees West 410 feet to a point; thence North 22 degrees East 34 feet; thence North 22 degrees East 58 feet to the place of BEGINNING. ALSO a right of way leading from these tracts to the Carlisle-Newville concrete road and lying between or over the land now or formerly of J.R. Woods Heirs and/or Dave Bishop. KIM C. RARAIGH and CATHLEEN D. RARAIGH, Plaintiffs LEE A. WOODALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-3247 CIVIL TERM : : ACTION OF MORTGAGE FORECLOSURE : CIVIL ACTION - LAW TO THE PROTHONOTARY: PRAECIPE FOR ENTRY OF JUDGMENT Please enter judgment on default in the above-captioned action in the amount of $83,286.84 plus cost and interest from the date of filing the Complaint in this matter. Date Respectfully submitted, ~, Esquire ,}z~4~Ftorney for Plaintiffs GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552