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HomeMy WebLinkAbout13-3287 Stipulations Against Liens MAY 31, 2013 In the (Court of (Common VCeag Countp of Nicholas A. Kirsch Cumberland Owner , Pennsylvania Home Designs Unlimited, LLC Docket Number / J 02 F? f r ` L1) Term 20 Contractor Page Number Vbereag, Home Designs Unlimited, LLC ( "Contractor ") of PO Box 1005, New Kingston, Pa 17072, has entered into a contract with Nicholas A. Kirsch ( "Owner ") of 2 Ground Mole Lane, Newville, Pa 17241, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 2 Ground Mole Lane, Newville, PA 17241, Upper Frankford Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Nicholas A. Kirsch is the title holder of record; and V ereag, 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. ,sofa, Tl)ig agreement Vftueggetb: 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. Rub 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: Nicholas A. Kirsch Home D ign limited, LLC W D. T pson, m ber Denise P. hompson, member flP� 3 OL oo P Ooh 33970 �aa �c�aa File No. 32231 KIRSCH LEGAL DESCRIPTION ALL that certain lot of ground situate is Uppar Frankford Township, Cumberland County, Pennsylvania, accorft to a plan for Bryant O. Minnich and Donna K. Minnich prepared by NEV Tech Inc., dated Mawh 19, 2004 and recorded in Cumberland County Plan Book 92, Page 111, bounded and described as follo*s: BEGINNING at a point in the centerline of S.R. 4021 at corner of southern edge of Qround Mole Land thence along southern edge of Ground Mole Lane North 76 degrees 46 minutes 07 seconds Last 8.09 feet to a point; thence continuing along same by a curve to the right having a radius of 100.00 feet, an arc distance of 21.62 feat on a chord bearing of North 82 degtm 57 minutes 48 seconds But to a point; thence along same North 89 degcm 09 minutes 30 seconds East 404,06 (at to a point; thence by a curve to the left having a radius of 200.00 feet, an arc distance of 153.28 feet an a chord baring of North 67 degrees 12 minutes 08 seconds Fast to a point; thence continuing along southern edge of C3round Mole Lane North 45 degrees 14 minutm 47 seconds Fast 80.37 feat to it point; thence along Lot No 5 on plan South 19 degrees 45 minutes 55 seconds Fast 281.21 feet to an iron pin sec; thence along lands now or formerly of Robert D. Karcher South 70 degt+eea 34 mimttes 21 seconds Wart 412.55 font to an iron pia sot; thence still along lands now or formerly of Robert Karcher North 50 degrees 23 minutes 29 s000nda West 434.10 feet to a point in the centaurs of SR 4012, the Place of BZGUC <NG. CONTAINING 3.195 acres and being brown as Lot No. 4 on Plan For Bryant G. Minnich and Donna K Minnick. BEING the same premises which Bryant G. Minnich and Donna K. Minnich, his wife, by Deed dated April 25, 2008, and recorded April 30, 2008, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, as Instrument No. 200814033, granted and conveyed unto Nichols A. Kirsch, Mortgagor herein.