HomeMy WebLinkAbout14-4321 FIL ED-0r`l,-i-i
20i4 JUL ZS A1,110: 00
CUIIMBERLAND COUNTY
PENNSYLVANIA
STIPULATION AGAINST LIENS
Pharon E. Bertsch and Christine R. Bertsch In the Court of Common Pleas of
Owner Cumberland County, Pennsylvania
Yingst Homes, Inc. Docket Number 1 q-`7 36qI Term 2014
Contractor
Page Number
Whereas, Yingst Homes, Inc. ("Contractor") of 4712 Smith Street, Harrisburg, PA
17112,has entered into a contract with Pharon E. Bertsch and Christine R. Bertsch ("Owners")of P
344 Sanderson Dr., Mechanicsburg, PA 17055, for the erection or construction of a SINGLE
FAMILY DWELLING upon the lot of ground known as 344 Sanderson Dr., Monroe 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.
, � ay 6�d
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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,
rnaterialmen, 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,
,.� NO
File No. 14-1509MM
ALL THAT CERTAIN strip of land comprising Lot I,being located on the Northern side of
Brandt Road (T-557),in Monroe Township,Cumberland County, Pennsylvania and being known
as Lot I as shown on a Subdivision and Site Plan for Ronald Sanderson, (Final Subdivision Plan)
sheet 5 of 14 dated April 17,2006 and last revised on October 11,2006, Project No. 3650.001,
prepared by Herbert,Rowland and Grubic,Inc,as recorded in Plan Book 94, Page 54,said Lot 1,
being more fully bounded and described as follows:
BEGINNING at a point intersecting the Northern right-of-way line of Brandt Road, (41.5)feet
wide),and the Western right-of-way line of Sanderson Drive, (50 feet wide),in the Sanderson
Final Subdivision Plan;thence along the Northern right-of-way line of Brandt Road the
following two(2)courses and distances:(1)North 84 degrees 16 minutes 44 seconds west,a
distance of 216.25 feet to a point. (2)North 82 degrees 09 minutes 42 seconds West, a distance
of 121.82 feet to a point,said point being the southeastern corner of the lands now or formerly,
Eugene G.and Martha A. Keith;thence continuing along the eastern property line of said lands,
North 00 degrees 27 minutes 10 seconds West,a of 214.92 feet to a point,said point being the
southwestern comer of Lot 2 of the Sanderson Subdivision;thence continuing along the southern
property line of Lot 2, South 84 degrees 16 minutes 44 seconds East,a distance of 380.10 feet to
a point in the Western right-of-way line of Sanderson Drive; thence continuing along the Western
right-of-way line of Sanderson Drive, the following two(2)courses and distances: (1) South 05
degrees 43 minutes 16 seconds West, a distance of 199.17 feet to a point;(2)In a line curving to
the right,in a southwestern direction, having a radius of 19.00 feet,an are distance of 29.85 feet,
the chord of said arc being South 50 degrees 43 minutes 16 seconds West, a distance of 26.87
feet to a point on the Northern right-of-way line of Brandt Road,the place of BEGINNING.
CONTAINNING 1.8366 acres.
UNDER AND SUBJECT,nevertheless,to any conditions,easements,restrictions,reservations
and rights of way of recorder or that which a survey or physical inspection of the premises would
disclose.
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 a�aled in the pre nce of
baron E. Bertsch
Christine R. Bertsch
YINGST HOMES,INC.
By: moi^„,7
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