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HomeMy WebLinkAbout14-4526 'F!L E D-0 F F I C'L- '0F THEL PROTHCNGTAIR'-i�p 2014 AUG - I AIM 8. 4 2 CUMBERLAND COUNTY PENNSYLVANIA STIPULATION AGAINST LIENS Matthew L.Weller In the Court of Common Pleas of Owner Cumberland County, Pennsylvania Schaffs Modem Homes Inc. Docket Number AVG 6Term Contractor �ww Page Number Whereas, Schaffs Modem Homes Inc. C'Contractor") of 5300 Lincoln Way East, Fayetteville, PA 17222, has entered into a contract with Matthew L. Weller("Owner") of Lot#3, Horse Killer Road, Walnut Bottom, PA 17266, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #3, Horse Killer Road, South Newton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Owner is the title holder of record; and Whereas, 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 by 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. *?X 0 0 ci krn�&J a 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 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. 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 famished under the contract aforesaid. .And, 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, 1 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 aur hands and seals the day and year aforesaid Signed;nd aled in the ppesence of: 0� � Matthew L. Weller SCHAFF'S MODERN HOMES INC. By: Greg A. Mixell, resi ent Loan Number: Guardian Transfer File: 14-1571 Exhibit A Legal Description ALL THAT CERTAIN tract of land identified as "Lot No. 3" on a plan titled, "Final Subdivision Plan for Jambeth Investments, L.L.0", prepared by Light-Heigel and Associates, Inc., dated July 3, 2008, Drawing No. 06-0266, recorded on December 15, 2008,in the Cumberland County Recorder of Deeds Office at Instrument No.200839611, in South Newton Township, Cumberland County, Pennsylvania, being more particularly described as follows: BEGINNING at a point in the centerline of Horse Killer Road (T-355), 50' wide, in South Newton Township, Cumberland County, Pennsylvania, said point being a corner for the lands herein being described and Lot 2 as shown on the above reference plan; thence, from said Point of Beginning, along Lot 2, the following two (2) courses and distances: 1)S 19°33' 17" W,275.61'to a concrete monument(set),having crossed over a concrete monument (set) on the southerly right of way line of Horse Killer Road at 25.00' from the previous described point; thence, 2) S 16° 52' 39" E, 688.99' to a 3/4' rebar with cap (set) on the line of lands now or formerly of the Michaux State Forest, described in Deed Book"I", Volume 11, at Page 28; thence, along the lands of the Michaux State Forest,the following three(3) courses and distance: 1)N 72° 12' 55" W, 207.23' to a I"pipe in stones (found);thence,2)N 15°29' 54" W, 1,272.70' to a V pipe in stones (found), having crossed over a concrete monument (set) on the southerly right of way line of Horse Killer Road at 1,260.10' from the previous described point; thence, 3) N 11° 42' 18" W, 12.44' to a point in the centerline of Horse Killer Road; thence, along the centerline of Horse Killer Road, the following seven (7) courses and distances: 1) N 74° 08' 16" E, 22.71' to a point of curve; thence, 2) along an arc of curve to the right, having a radius of 150.00', an arc length of 100.00', a delta angel of 38° 11' 50", and a chord bearing and length of S 86°45' 49" E, 98.16' to a point on curve; thence, 3) along an arc of curve to the right, having a radius of 150.00', an arc length of 136.63', a delta angle of 52° 11' 14", and a chord bearing and length of S 410 34' 1711 E, 131.95' to a point of tangent; thence, 4) S 15° 28' 40" E, 157.88' to a point of curve ; thence, 5) along an arc of curve to the left, having a radius of 150.00', an arc length of 66.54', a delta angle of 25°24' 56", and a chord bearing and length of S 28° 11' 08" E, 65.99' to a point on curve;thence, 6)along an arc of curve to the left,having a radius of 150.00', an arc length of 77.37', a delta angle of 29°33' 07",and a chord bearing and length of S 55° 40' 09" E, 76.51' to a point of tangent;thence, 7) S 70°26' 43" E, 93.66' to the Point of BEGINNING, excluding that portion of a herein described land contained within the right-of-way of Horse Killer Road.