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HomeMy WebLinkAbout13-2941 Stipulations Against Liens �n the Court Of Common V[ COUntp Of Yancy W. Taylor and Lisa M. Taylor Cumberland Owner , Pennsylvania Black's Construction Docket Number 13 <a � � i✓) Term 2013 Contractor Page Number //' or I 13 Vberea .g, Black's Construction ( "Contractor ") of hkw bV PA, has entered into a contract witlf 0 1 Yancy W. Taylor and Lisa M. Taylor ( "Owner') of 1375 Mountain Ro Newburg, PA 17240, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 1375 Mountain Road, Newburg, PA 17240Upper Mifflin Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Yancy W. Taylor and Lisa M. Taylor are the title holder of record; and Vberea .5, 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. ,QoW, Tbi agreement V itnes .5et 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. Zlnb 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. Rub, 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: —� C an y W. Taylor �� Lisa M. Tayl Blac Construction i 7 C= rTt a�©v • Ph �f �= -= -1 LIF— �SD3710 r File No. PA2013 -102 All those certain tracts of ground situate in Upper Mifflin Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with a Final Subdivision Plan of Stephen O. Smith, et a I, as recorded in Cumberland County Plan Book 35, page 142, as follows: TRACT NO. 1: BEGINNING at a point along Legislative Route 21042 at the northwest corner of Lot No. 3 of the aforementioned subdivision Plan; thence along the said Lot No. 3 South 31 degrees 53 minutes 55 seconds East 285.40; thence along Lot No. 1 on the aforementioned subdivision plan South 57 degrees 08 minutes 52 seconds West 200.47 feet to a set pin; thence North 26 degrees 09 minutes 05 seconds West 114.96 feet to a set pin; thence North 45 degrees 28 minutes 24 seconds West 140 feet to a point along Legislative Route 21042; thence North 45 degrees 31 minutes 36 seconds East 90.35 feet to a railroad spike; thence North 50 degrees 10 minutes 36 seconds East 134.89 feet to the place of beginning. BEING all of Lot No. 2 of the aforementioned subdivision plan. TRACT NO. 2: BEGINNING at a point along Legislative Route 21042 at the northeast corner of Lot No. 2 of the aforementioned subdivision Plan; thence along the said Lot No. 2 South 31 degrees 53 minutes 55 seconds East 285.40 feet; thence along Lot No. 1 on the aforementioned subdivision plan North 57 degrees 08 minutes 52 seconds East 101.01 feet to a set pin; thence along Lot No. 4 of the aforementioned subdivision plan North 31 degrees 53 minutes 55 seconds West 297.66 feet to a railroad spike set along Legislative Route 21042; thence along said Legislative Route 21042 South 50 degrees 10 minutes 36 seconds West 100.96 feet to the place of beginning. BEING all of Lot No. 3 of the aforementioned subdivision plan. BEING the same real estate which Margaret Helen Kelly (formerly Margaret Helen Russin), single and Abigail Walsh McGinnis, joined by Jeffrey S. McGinnis, her husband, by deed dated February 8, 2002 and recorded February 11, 2002, in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book 250, Page 1708, granted and conveyed unto Yancy W. Taylor.