Loading...
HomeMy WebLinkAbout05-2353 Stipulations Against Liens Larry w. Shoap and Kimberly H. Shoap, his wife 3fn tbe ~ourt of ~ommon ,fllellS' ~ount!' of Owner ~ Cumberland , Pennsylvania Docket Number 0:) - ').3:).~ IV1 L 0 Term 2~ Richard E. Bard Page Number Contractor Wber.eaS', Richard Bard CContra,?tor") o~ Shippensburg, Pennsylvania has entered into a contract with Larry W. Shoa and Kimberly H. Shoap, his wife ( Owner') of for the erection or construction of a SINGLE FAMILY DWELLING upon~he lot of ground known ,~~, 1105 Means Hollow Road, Southampton township, Cumberland County, PENNSYLVANIA descnbed In Exhibit A hereof, of which Larry W. Shoap and Kimberly H. Shoap, his wife are the title holder of record; and WberellS', 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 an subcontractor for ohr matenals furnished In the said erection or construction, and that the right of anyone to claim anyy such lien be waived labor ereby. ~o\n, 1!rb.iS' lilgreemeut WitueS'S'etb: 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 I.egally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, matenalmen, 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 curtllages 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. lilnll 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, lilnll, 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 anyone 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: ~ ! t cSW "ANN. i1~~M: FTA96,POA EXHIBIT A All that certain lot or piece of ground situate in the Southampton Township, Cumberland County and Commonwealth of Pennsylvania, bounded and limited as follows: BEGINNING at an existing railroad spike in the center line of T-300, Means Hollow Road; th~nce through an iron pin (25.05 feet from the center line of said road), along lands now or formerlV of Frank J. Novotny and wife, North 62 degrees 33 minutes 18 seconds East, 671.63 feet to a set Iron pin at corner of lands now or formerly of Michael L. Gayman and wife; thence along said lands, South 38 degrees 57 minutes 48 seconds East, 414.55 feet to a set iron pin at corner of Lot No.2 on the hereinafter mentioned subdivision plan; thence along Lot No.2, South 64 degrees 32 minutes 15 seconds West, 889.05 feet through an iron pin (25.58 feet from the center line of T-300, Means Hollow Road), to a set railroad spike in the center of said road; thence in the center of T-300, Means Hollow Road, on a curve to the right with a radius of 717.18 feet, an arc length of 205.88 feet, with a chord bearing of North 5 degrees 15 minutes 53 seconds West, having a chord length of 205.18 feet and a central angle of 16 degrees 26 minutes 53 seconds to a point in the center of T-300, Means Hollow Road; thence on a curve to the left, having a radius of 417.80 feet, an ~rc length of 195.70 feet, with a chord bearing of North 10 degrees 27 minutes 31 seconds West, havl~~ a ch~rd lengt~ of 193.92 feet and a central angle of 26 degrees 50 minutes 15 seconds to an eXlstmg railroad spike, the place of beginning. . . , d for the Estate of Roy D. Shoap, Sr. by John R. B~I~G Lot No. 1 onhsu1b1dlV19ls~o; a~~~~~~~~~ein Cumberland County Plan Book 79, Page 126, and Klssmger, dated Marc , containing 6.9559 acres. "'--' ~ t ~ \" t: ~ .C> " 't <;- Is -- -.:s v \i' 0 ~ of:? '2.t .. ..c.. '" ~ ~ 'Z. -----f -" V", ~ o ~ 'f > t' ( ~ c~ 0' ::$ ~ Q. ~-T' (11'r" "0~ ...,'10 ;.;:),S;,' ~r~ ~1\ .. )~.. """t_") ~~)rrl ~\ -':;> <~ ''J ~.4 \ d' -0 :Jt: r:? o CO ~" " ~, F ~ .....