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HomeMy WebLinkAbout13-7079 Stipulations Against Liens 3ju the Court of Common (teas Countp of Christopher S. Roth Cumberland, Penmcylvania O"er Jack of All Trades, Docket Number 1 3 — �D 7 q QbTerm Tt Contractor { t V Integrity Air, Page Number Contractor .e... -�� C`) C:? 7 - CD _ CD Whereas, Jack of All Trades of P.O. Box 239, Chambersburg, Pennsylvania and Integrity Air, of 25 Furnace t Hollow Road, Shippensburg, Pennsylvania, ( "Contractors ') have entered into a contract with Christopher S. Roth ( "Owner') —_ of 600 Centerville Road, Newville, Pennsylvania, for the remodeling of a SINGLE FAMILY DWELLING upon premises known as�508 East Orange Street, Shippensburg, Cumberland, PA, described in Exhibit "A hereof, of which Christopher S. Roth is the title holder of record; and Wbereas, 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. -Ootu, Xbis 9greement 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 hen 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. 2nb 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. Zittb, 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. MV V O[7, oCd I Signed and in the presence of: J Christopher S. Roth JACK OF ALL TRADES P �i Hull INTEG I tr y:Ct te ' lftien L. I 10 '0 0' a�i oe /� Sc��iytP� f File No. MS59117 Exhibit A ALL that certain lot of ground in the Development known as Hallwood Heights, situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as foltows to wit. BEGINNING at a point in the curb line at comer of East Orange Street and Holler Avenue; thence by East Orange Street, North 60 degrees 15 minutes East 112.45 feet to a stake at comer of land now or formerly of Kenneth Smith and wife; thence by land now or formerly of Kenneth Smith and wife, South 43 degrees 45 minutes East 150 feet to a stake at common corner now or formerly of Kenneth Smith and wife and Fasnacht; thence by land now or formerly of Fasnacht, South 60 degrees 15 minutes West 112.45 feet to a stake on curb line of Hollar Avenue; thence along Holler Avenue, North 44 degrees 43 minutes West 150 feet to the place of BEGINNING. INCLUDED IN THE ABOVE DESCRIPTION BUT EXCLUDED FROM THIS CONVEYANCE is that property conveyed to Kenneth Smith and Wife by Josiah Geesaman, Sr., and Violetta Geesaman, his wife, and described in Deed Book "S ", Volume 29, Page 232, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania.