HomeMy WebLinkAbout14-4812 Stipulations Against Liens
Dorothy McDermott and Richard In the Court of Common j3Ceo Countp of
Horn
Owner
Cumberland, Pennsylvania
p
Docket Number ��� �1:1 l,? Term 2014
David F. McClure Co. Page Number
Contractor
lftreag, David F. McClure Co. ('Contractor") of 22 8th Street, Suite 1, New Cumberland, PA 17070 (Contractor
Address) has entered into a contract with Dorothy McDermott and Richard Horn, ("Owner") of 862 Indiana Avenue,
Lemoyne, PA 17043 for the erection or construction of additional residential spaces upon the lot of ground known as 862
Indiana Avenue, Lemoyne, PA 17043, Cumberland County, PENNSYLVANIA described in Exhibit"A" hereof, of which
Dorothy McDermott and Richard Horn is the title holder of record; and
Vbereas, 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. .
,Oobo, Tbig Z(greement 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.
Z(nb 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.
Zlnb, 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.
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AWitness our hand and seal the <5 h day of 2014.
Signed and sealed in the presence of:
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orothy Mc Ott Date
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Rich d Horn D e
David F. lure Co.
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Print Name
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Print Title
Exhibit A
ALL THOSE CERTAIN parcels of land described herein as Parcel Number 1 and Parcel Number 2, situated in the
Borough of Lemoyne (formerly East Pennsboro Township), County of Cumberland and State of Pennsylvania, bounded
and described as follows:
PARCEL NO. 1: ON the North by Indiana Avenue;on the East by Lot Number 10 on hereinafter mentioned Plan of Lots;
on the South by Lots Numbers 40 and 41 on the hereinafter mentioned Plan of Lots; and on the West by Ninth Street
(formerly Washington Avenue), containing one hundred thirty and nine-tenths(130.9)feet in front on Indiana Avenue and
extending in depth along the Eastern boundary one hundred thirty (1.30) feet and along the Western boundary of Ninth
Street and one hundred thirty-six(136)feet to the aforesaid Lots Numbers 40 and 41, and being Lots Numbers 8 and 9 on
the Plan of Lots out by Arthur R. Rupley and known as Washington Heights Plan of Lots. Said Plan is recorded in the
Recorder's Office in and for Cumberland County in Plan Book 1, Page 24.
PARCE NO. 2: ON the North by Indiana Avenue; on the East by land of Andrew Musser and Marian D. Musser, his
wife; on the South by Lot Number 39 on the hereinafter mentioned Plan of Lots; on the West by Lot Number 9 on said
Plan, containing twenty-five (25) feet in front on Indiana Avenue and extending in depth one hundred thirty (130) feet to
said Lot Number 39, and being the Western one-half of Lot number 10 on Plan of Lots laid out by Arthur R. Rupley and
known as Washington Heights Plan of Lots. Said Plan being recorded in the Recorder of Deeds Office in and for
Cumberland County in Plan Book 1, Page 24.
TAX PARCEL#12-21-0267-134