HomeMy WebLinkAbout14-6153 Stip�at1'3ns Against Liens
BRANDON W. SMELTZER and In the Court of Common Pleas County of
SUSAN S. SMELTZER,
HUSBAND AND WIFE
.........................................................................................................
Omer Cumberland
1 , Pennsylvania
Docket Number l y J 3 N T12 2014
Mu.sse.. r Home Builders. . Page Number
............................. . . ..............
Contractor
10I
Whereas, Musser Home Builders ('Contractor") of 10 Barrens Church Road, Dillsburg, PA 17019 has entered into a
contract with BRANDON W. SMELTZER and SUSAN S. SMELTZER, HUSBAND AND WIFE ("Owner") of for the
erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 120 NORTH 25TH STREET,
CAMP HILL, PA 17011, , Camp Hill Borough, Cumberland, PENNSYLVANIA described in Exhibit"A" hereof, of which
BRANDON W. SMELTZER and SUSAN S. SMELTZER, HUSBAND AND WIFE 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 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 hand and seal the day and year aforesaid.
Signed and sealed in the presence of:
B NDON W. SME Z ER
SUSAN S. SMELTZER
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STIPULATION AGAINST LIENS bra Y3/
File No. CHR14-00985ASH
ALL THAT CERTAIN tract or tracts of land with the improvements thereon erected designated as Lot No. 45 and Lot
No. 46, Section B, on and in accordance with a Plan of Lots prepared by Arthur R. Rupley and Caleb S. Brinton known
as Plan of Lots No. 2, First Addition, Borough of Camp Hill, Cumberland County, Pennsylvania, dated January 9, 1906
and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 1, Page 5, situate in the
Borough of Camp Hill, on the west side of North Twenty-Fifth Street (formerly Locust Avenue) at a distance of one
hundred forty-five (145) feet southward from the south side of Pearl Alley and adjacent to Lot No. 44 on the aforesaid
Plan of Lots.
CONTAINING in front of breadth on the western side of North Twenty-Fifth Street, Camp Hill, forty (40) feet and
extending on the breadth in length of depth westward between parallel lines at right angles to the said North Twenty-Fifth
Street one hundred forty(140)feet to King Alley, a fifteen feet wide alley.
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STIPULATION AGAINST LIENS
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