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HomeMy WebLinkAbout13-5375 T1 E PROT HONOTAR 2013 SEP 11 PM 1: 32 CUMBERLAND YLCOUNTY PENNSVANIA STIPULATION AGAINST LIENS JEREMY A. GROH and MYLA J GROH In the Court of Common Pleas of Owner. Cumberland County,Pennsylvania LANDMARK BUILDERS INC Docket Number Term 2013 Contractor Page Number Whereas, LANDMARK BUILDERS INC ("Contractor") of 1737 W MAIN STREET EPHRATA PA 17522 , has entered into a contract with JEREMY A. GROH and MYLA J GROH ("Owners") of 104 MONARCH LANE, Mechanicsburg, PA 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 104 MONARCH LANE, WALNUT POINT LOT#78, Silver Spring Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Owners are the title holders of record; and Whereas, it is the intention of 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 by 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. NS5X 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 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 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 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 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, f 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: J MY U MYLA J OH LANDMARK BUILDERS INC By: SHANNON POPOLIS 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 JEREMY A. GROH MYLA J GROH LAND ARK BUIL INC By. / HANNON O L . r File No. PCT1792 ALL THAT CERTAIN lot or tract of land situate in Silver Spring Township, County of Cumberland, Commonwealth of Pennsylvania, being more fully bounded and described as follows, to wit: BEGINNING at a point on the western right-of-way line of Monarch Lane, said point being located South thirty-four degrees, twenty-six minutes, thirty seconds West (S34°26'30" 99 a distance of one hundred seventy feet (170.00) to a point from the terminus of a curve connecting the western right-of-way line of Monarch Lane with the southern right-of-way line of Stone Run Drive; thence from said point of Beginning by the western right-of-way line of Monarch Lane South thirty-four degrees, twenty-six minutes" thirty seconds West (S 34° 26' 30"W), a distance of ninety feet (90.00) to a point; thence by the line of Lot No. 77 North fifty-five degrees, thirty- three minutes, thirty seconds West (N 55°33' 30"W), a distance of one hundred sixty-two and ten hundredth feet (162.10) to a point; thence by land now or late of M. John and Lloyd J. Edris North thirty-five degrees, zero minutes, zero seconds West (N 35° 00'00"W), a distance of ninety feet (90.009 to a point; thence by Lot No. 79 South fifty-five degrees thirty-three minutes, thirty seconds East (S 55° 33' 30"E), a distance of one hundred sixty-one and twenty-three hundredth feet(161.23') to a point, the place of Beginning. Said tract contains 14,549.83 square feet or 0.3340 acres. Being a portion of that tract of land which M John and Lloyd J. Edris conveyed unto Harold Stoner as recorded in the Office of the Recorder of Deeds of and for Cumberland County in Record Book 138 Page 518 and being Lot No. 78 as shown on a Final Subdivision Plan for Walnut Point, Phase ill for Harold Stoner, as recorded in the Office of the Recorder of Deeds of and for Cumberland County in Plan Book, 93 Page 73 Subject to any and all conditions, easements and/or on the above referenced plan. BEING PART OF THE SAME PREMISES which Lloyd J. Edris and Shirley M. Edris, his wife, conveyed unto Harold D. Stoner and Marilyn L. Stoner,his wife, by deed dated April 26, 1996 and recorded May 1, 1996, in the Recorder's Office in and for Cumberland County, PA in Record Book 138, Page 518. AND THE SAID Harold D. Stoner died January 4, 2013, whereupon title vested into Marilyn L. Stoner by the rights of survivorship.