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HomeMy WebLinkAbout13-7472 StipulationslAgainst Liens File Number L13 -39421 RICHARD A. BELL and In the Court of Common vleag Countp of STEPHANIE J. BELL, HUSBAND AND WIFE Owner Cumberland V7d Peennsylvania Docket Number - / � 2013 LEBANON VALLEYMODULAR Page Number HOMES Contractor lfjereag, on this 18th day of December, 2013, LEBANON VALLEY MODULAR HOMES ('Contractor") of PALMYRA, PA 17078 has entered into a contract with RICHARD A. BELL and STEPHANIE J. BELL, HUSBAND AND WIFE ( "Owner") of 449 VISTA DRIVE, HERSHEY, PA 17033 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 1075 VALLEY ROAD, ENOLA, PA 17025, , East Pennsboro Township, Cumberland, Pennsylvania described in Exhibit "A" hereof, of which RICHARD A. BELL and STEPHANIE J. BELL, HUSBAND AND WIFE is the title holder of record; and Vbereag, 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. P OW, lgbig Rgreement Vitueggetb: 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 hand and seal the day and year aforesaid. Signed and sealed in the presence of: h . RI A A. B E L J ANON V LL 'MO S BY DALE YINGST, PRE IDE o� f 1Sa3 tl ` jd 34s _ S �( 3 STIPULATION AGAINST LIENS- 2 -8 -00 - �. File No. 113- 39421DR ALL THAT CERTAIN tract of ground, situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a pin on the North side of state highway running between Summerdale and Mt. Zion Road (now known as Valley Street) at the Southeast corner of land formerly of David M. Wirt, now or formerly owned by Richard and Stephanie Bell; thence along said land, North 14 degrees 45 minutes West, a distance of six hundred three and eight tenths (603.8) feet to land of now or formerly of Joseph P. Intrieri; thence by said Intrieri Land, North 76 degrees East, a distance of three hundred and eighty -three (383) feet to other land now or formerly of Joseph Intrieri; thence by said other land of Joseph P. Intrieri, South 14 degrees 45 minutes East, a distance of seven hundred sixty -four and eight tenths (764.8) feet to an iron pin near the aforesaid state highway (now called Valley Street); thence North 81 degrees 15 minutes West, a distance of four hundred sixteen and six tenths (416.6) feet to a point, on the North side of the aforesaid state highway, the place of BEGINNING. STIPULATION AGAINST LIENS- 2 -8 -00