HomeMy WebLinkAbout12-4666Stipulations Against Liens
11-09-0507-072 and .. <s t- I Q ? A,?Wthe Court of Common Pleas County of
11-0962JO7 Jay Strayer and C r t? Cumberland, Pennsylvania
S r 2? ?? Ifl? 3
r gE NS??yptitA ? -LIU l? ?P
Craig Alleman Construction, Inc PAM Docket Number # ! erm 2012
Contractor
Page Number
Whereas, Craig Alleman Construction, Inc. ("Contractor") of Shippensburg, Pennsylvania, has entered into a
contract with Gregory Ray Strayer and Carrie Ann Strayer ("Owner") of 265 Duncan Road, Shippensburg, Pennsylvania for
the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 450 Shippensburg Road,
Hopewell Township, Shippensburg, Cumberland, PA, described in Exhibit "A" hereof, of which Gregory Ray Strayer and
Carrie Ann Strayer are 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.
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 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. VD, -s/and sealed in the presence of:
Craig Allem o ? ction, Inc.
By
File No. MC47317
Exhibit A
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County, Pennsylvania, designated as Lot 3
and 3A as shown on "Final Subdivision Plan for Jay H. Myers & Helen L. Myers," prepared by Eric L. Diffenbaugh,
Professional Land Surveyor, dated September 9, 2010, last revised November 22, 2010, which plan has been approved by
the appropriate municipal authorities as a final subdivision plan, and which is recorded in the Office of the Recorder of
Deeds in and for Cumberland County, as Instrument Number 201037228 as is more particularly bounded and described
as follows:
BEGINNING at a set iron pin along lands now or formerly of Kenneth R. & Jane L. Strayer and shown as Lot 2 on the
above referenced plan; thence along said lands the following courses and distances: 1) South 50 degrees 50 minutes 42
seconds West 323.88 feet to a set iron pin; 2) South 50 degrees 50 minutes 42 seconds West 42.44 feet to a set iron pin;
3) South 27 degrees 43 minutes 55 seconds East 173.50 feet to a set iron pin; thence along line of lands now or formerly
of Jay H. & Helen L. Myers the following courses and distances: 1) North 49 degrees 17 minutes 12 seconds West 284.82
feet to a set concrete monument; 2) North 18 degrees 21 minutes 04 seconds West 177.62 feet to a set iron pin; 3) by a
curve to the left having a radius of 53.00 feet, an arc length of 81.40 feet, a chord direction of North 62 degrees 20 minutes
56 seconds East, and a chord length of 73.63 feet to a set iron pin; 4) South 73 degrees 39 minutes 13 seconds West
23.86 feet to a set iron pin; 5) North 16 degrees 20 minutes 48 seconds West 160.00 feet to a set concrete monument; 6)
North 73 degrees 39 minutes 12 seconds East 194.65 feet to a set iron pin; 7) South 79 degrees 43 minutes 23 seconds
East 28.34 feet to a point; 8) South 79 degrees 43 minutes 23 seconds East 342.84 feet to a set mag-spike in Newburg
Road, S.R. 0696; thence along line of lands now or formerly of Nevin R. & Anna S. Newswanger, South 22 degrees 02
minutes 08 seconds East 150.00 feet to a set iron pin, the point and place of BEGINNING.
BEING that same real estate that Gregory Ray Strayer and Carrie Ann Strayer, husband and wife, by Deed dated March
11, 2011 and recorded on March 23, 2011 in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, at Instrument Number 201109051, granted unto Gregory Ray Strayer and Carrie Ann Strayer, husband and
wife herein.