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HomeMy WebLinkAbout14-1042 n1 W Stipulations Against Liens In the Court of Common J31eag Countp of Michael G. Nolan and Diem Nguyen Cumberland Owner , Pennsylvania Kevin Payne d/b /a Kevin Payne Docket Number IV— isV � M t- D Term 2014 Contractor Contractor Wage Number Vberea5, Kevin Payne d /b /a Kevin Payne Contractor ( "Contractor ") of 818 Fishing Creek Road, New Cumberland, PA 17070, has entered into a contract with Michael G. Nolan and Diem Nguyen ( "Owner ") of 366 Stought Road, Carlisle, PA 17013, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 366 Stought Road, Carlisle, PA 17015Monroe Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Michael G. Nolan and Diem Nguyen are 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. PoW, Tbif; 01greement Vitne5!5etb: 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. Zub 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. 20, 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. l_ � a� a a y �7 v, o� Witness our hands and seals the day and year aforesaid. Signed and sealed in the presence of: I Michael G. Nolan Diem Nguyen .6v Kevin Payne d /b /a Kevin PJyne 9ofifractor n -; r+ c r a cs� r, swtoaot el r- X —4 �/ � = ; A- e30197Sy File No. 13430 Tract #1: ALL THAT CERTAIN piece of land situate in Monroe Township, Cumberland County, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at stones at corner of lands of Susan Zeaner thence North fifty and three -fourth degrees East 51.2 perches to a hickory tree, thence North 53 degrees West 65.9 perches to a stone along lands of John Hertzler, thence along lands of Samuel Beitzel, now R.A. Taylor South 37.5 degrees West 43 perches to a stone, thence along lands of John Lutz South 45.25 degrees East 47.9 perches to stone, thence South - Eastward 111 feet to the place of beginning. Containing 18 acres more or less. Tract #2: ALL THAT CERTAIN piece of land situate in Monroe Township, Cumberland County, and State of Pennsylvania, bounded and described as follows, to wit: Bounded and described as follows: Beginning at a stone heap at a corner of the ends of John H. Hertzler and Benjamin Shulenberger, thence north 40 degrees East 63 -5/10 perches to a point at the corner of lands of John Hertzler and John Stammel; thence South 57 -3/4 degrees East 64 -1/2 perches to a stone; thence a public road South 36 -3/4 degrees West 36 -9/10 perches to a willow stump; thence South 24 -1/2 degrees West 11 perches to a stone; thence along the land of Benjamin Shulenberger North 59 -1/4 degrees West nineteen and one -half perches to a stone; thence North 51- 1/2 degrees West 41 -1/4 perches to the place of beginning. Containing twenty -four (24) Acres strict measure. Assessment number 2000723, Map No.: 22 -11- 0282 -002.