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HomeMy WebLinkAbout14-5706 y 1 4 SEP 26 PPS 2: C"Ut IBERLAND Ci UINIT e'. PENNSYLVANIA STIPULATION AGAINST LIENS Janelle N. Weaver In the Court of Common Pleas of Owner Cumberland County, Pennsylvania in 1A Ridgeview Custom Homes, LLC Docket Number 1,41, S"7196 Term 2014 Contractor Page Number Whereas, Ridgeview Custom Homes, LLC ("Contractor") of 945 Ridge Road, Shippensburg, PA 17257 , has entered into a contract with Janelle N. Weaver ("Owner") of 5 S. Ridge Rd., Lot #93, Boiling Springs, PA 17007, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 5 S. Ridge Rd., Lot #93, South Middleton 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. 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 furnished 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, 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-,g-(,day of p�'��7z=rY1/3�r,�. , 2014. Signed an aled in th esence of: anelle N. Weaver RIDGEVIEW CUSTOM H MES, LLC By. Loan Number: Guardian Transfer File: 14-1958 Exhibit A LeLaal Description ALL of the following tract of land situated in South Middleton Township, Cumberland County, Pennsylvania pursuant to a survey by E.L. Diffenbaugh Associates on August 28, 2014. Said tract being described as follows: BEGINNING at a set rebar at the northeast corner of lands now or formerly of Charles Zemo thence along said lands South 89 degrees 24 minutes 38 seconds West 149.14 feet to a set mag-nail in the base of a tree; thence along lands now or formerly of South Middleton Township Municipal Authority North 00 degrees 06 minutes 04 seconds West 99.08 feet to an existing iron pipe; thence along lands now or formerly of Paul Shiley North 89 degrees 12 minutes 27 seconds East 148.33 feet to an existing iron pipe, thence along the western right of way line of South Ridge Road South 00 degrees 34 minutes 00 seconds West 99.60 feet to a set rebar, the point of beginning. The described tract containing 0.339 acres.. BEING the same tract as recorded in Cumberland County Plan Book 17, Page 49 (Lot 93) Plan "C" for Allenberry Hill.