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HomeMy WebLinkAbout13-3770 Stipulations Against Liens Jeffrey Charles Kinsey and Lisa nflnamm�I'Jivas Joy Kinsey Owner Cumberland County, Pennsylvania Docket Number _3 7 cZ Term 2013 Roland Builder, Inc. Page Number Contractor Afrrs, Roland Builder, Inc. ('Contractor ") of 1706 Liberty Cove, Mechanicsburg, PA 17055 (Contractor Address) has entered into a contract with Jeffrey Charles Kinsey and Lisa Joy Kinsey, ( "Owner') of Lot 23, Kelly Drive, Carlisle, PA 17013 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 23, Kelly Drive, Carlisle, PA 17013 Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Jeffrey Charles Kinsey and Lisa Joy Kinsey is the title holder of record; and fl,ar,s, 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. ���ftu ,I�ASr,rran;ra�€ 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. ;'inn 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. Ana, 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 hand and seal the �( day of /J" , 2013 Signed d sealed in the pr ence f: AM do // �13 - 1d / fullullaAl Jef)+eJ&Tparles 6Eiresey, Own r Da a Jo ' K' sey, caner Date Roland Builder, Inc. COMMONWEALTH OF PENNSYLVAWA ) COUNTY OF CUMBERLAND ) ME y: Contractor Date 20 W L� W RNBEF � Lem Print Name COMMONWEALTH OF PENNSYLVANIA A Ott, j� 7 NOTARIAL SEAL ONne-C 9 Qna sy'1 krc ? CHERYL R. GARMAN, Notary Public Print Title J 7 Camp Hill Boro, Cumberland County M Commission Expires May 20, 2016 f" T .GB4� 7 Exhibit A ALL THAT CERTAIN piece or parcel of land situated in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern dedicated right -of -way line of Kelly Drive at the dividing line between Lot Nos. 23 and 24 as shown on the hereinafter mentioned plan of lots; thence along said dividing line between Lot Nos. 23 and 24, North 85 degrees 43 minutes 57 seconds East, a distance of 474.11 feet to a point at lands now or formerly of Lawrence R. Vogelsong; thence along said latter lands, South 7 degrees 3 minutes 45 seconds East, a distance of 613.03 feet to a point at the dividing line between Lot Nos. 23 and 22 (now 22B) as shown on the hereinafter mentioned plan of lots; thence along said dividing line between Lot Nos. 23 and 22 (now 22B) North 60 degrees 26 minutes 57 seconds West, a distance of 690.15 feet to a point on the dedicated right -of -way line of Kelly Drive; thence along said dedicated right-of-way line of Kelly Drive on a curve to the left (northwardly) having a radius of 410 feet, an arc distance of 242 feet to a point on the same at the dividing line between Lot Nos. 23 and 24 as shown on the hereinafter mentioned plan of lots, the place of BEGINNING. BEING Lot No. 23 as shown on a certain subdivision plan of lots entitled "Green Ridge Estates — Section II" and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 59, Page 98. CD