Loading...
HomeMy WebLinkAbout12-2506Stipulations Against Liens Jamie M. Sheaffer, now by marriage, Jamie M. Esser owner Esser Construction Contractor APRIL 1, 2012 In the (Court of (Common Pleao Countp of Cumberland , Pennsylvania Docket Number I P - oQ S64 Term 20 Page Number Wbereag, Esser Construction ("Contractor") , has entered into a contract with Jamie M. Sheaffer, now by marriage, Jamie M. Esser ("Owner") of 124 S. Lewisberry Road, Mechanicsburg, Pa 17055, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 1706 Wyndham Rd., Camp Hill, PA 17011, Lower Allen Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Jamie M. Sheaffer, now by marriage, Jamie M. Esser is the title holder of record; and Vbereag, 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. ,hobo, Tbtg Zigreemeut lVitne0getb: 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. anb 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. Rnb, 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: (7 C : rn to ;9 k Po V- D ieheaffer r x -, 0 M ?V i,, Now b arriage, Jamie l er : . By A. CD fa aq-) a-? ?? 91 y1)3 File No. 31743ESSER LEGAL DESCRIPTION ALL THAT MTi! BV piece or p v*1 of land situate in the Township of Lower Allen, County of Cumberland and commonwealth of Penn +hmia more particularly hounded and described as follows, to wit. BEGINNING at a point on the northern side of Wyn wn Road (50 feet wide), a distance of two hun*ed (200) jest measured along Wyndham Road from I th Street; thence north 01 degree 00 minutes east a distance of one hututred twenty-Jlve (125) feet to a point, thence south 89 degrees 00 minutes east a distance of 50 feet to a point; thence by Lot No. 10, Block r, in the Plan of Lots of Highland Park as recorded in Cumberland County Plan Book 3, Page 20, South 01 degree 00 mimrtes west a distance of one hwk*ed twenty-, fie (125) feet to o point on Wyndham Roam thence by fiWarnt Road north 89 degrees 00 mbWes west, a distance of fl ly (50) feet to a point: the place of BEGINNNJNcf. BFJNG Lot Na 243, Section V In the Plan of Lots knOwn as Rolling Green Dtvelvpment as recorded in Cumberland County Plan Book 2, pagt 91. BEING the same premises which Lillian M. Juditz, widow, by Deed dated January 19, 2005, and recorded January 20, 2005, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 257, Page 1075, granted and conveyed unto Jamie M. Sheaffer, now by marriage, Jamie M. Esser, Mortgagor herein.