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HomeMy WebLinkAbout12-4424 tY'??-{mil ? tL?.. Stipulation Against Liens.: Debra A. Kos and t1l2 William R. Odoms, {{?.Ut1 ER1.?,}d© ColiN"In the Court of Common Pleas of Owners ?E%IRSY?-y?'jIA Cumberland County Core Residential Construction, Inc. File No. )A-qq gq PLb Contractor 11131?,- Whereas, Core Residential Construction, Inc. (Contractor) of 147 Ridge Road, Dillsburg, PA 17109, has entered into a contract with Debra A. Kos and William R. Odoms, (Owners) of 1466 Timber Brook Drive, Mechanicsburg, PA 17050 for the erection or construction of a SINGLE FAMILE DWELLING upon the lot of ground known as Lot 33, 1410 Wellgate Lane, Mechanicsburg, PA 17055, described in Exhibit "A" hereof, of which Debra A. Kos and William R. Odoms are the title holder of record; and Whereas, it is the intention of the Owners 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 Owners 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 an 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 Owners 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 cartilage 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. And, in order to give the Owners full power and authority to protect Owners 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 the 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 G`vaN scpy. oo d C,# a acs 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 error, defect, and imperfections, whatsoever in entering such satisfaction in anywise touching or concerning the same. Wintess out hand and seal the day and year aforesaid: Signed and sealed in the presence of: Core Residential Construction, Inc. (Owner) (Owner) b (Contractor) Print name r'^ SCHEDULE C ALL THAT CERTAIN piece or parcel of land, situate in the township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern right-of-way line of Wellgate Lane (60.00 feet wide) at the dividing line between Lots Nos. 32 and 33 as shown on the hereinafter mentioned plan; thence along the southern right-of-way line of Wellgate Lane South 67 degrees 45 minutes 00 seconds East a distance of 136.88 feet to a point at the dividing line between Lot No. 33 and lands now or late of Brett P. McCreary; thence along said dividing line South 22 degrees 15 minutes 00 seconds West a distance of 321.7 feet to a point on the northern dedicated right-of-way line of Main Street S.R. 0114 (40.00 feet from centerline); thence along the northern dedicated right-of-way line of Main Street S.R. 0114 North 67 degrees 45 minutes 00 seconds West a distance of 136.88 feet to a point at the dividing line between Lots Nos. 32 and 33; thence along the dividing line between Lots Nos. 32 and 33 North 22 degrees 15 minutes 00 seconds East a distance of 321.75 feet to a point on the southern right-of-way line of Wellgate Lane, said point being the place of BEGINNING. BEING Lot No. 33 as shown on the Final Subdivision Plan of Allen Estates. Said plan being recorded in Plan Book 72, Book 125. BEING the same premises which Henry J. Grothe, II, single man by Deed dated June 30, 2011 and recorded July 08, 2011 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, as Instrument Number 201119143 granted and conveyed unto Debra A. Kos, single woman and William R. Odoms, single man as joint tenants with right of survivorship.