Loading...
HomeMy WebLinkAbout05-2469 .. Stj!,e:+ai'M~'f Against Liens . - In the Court of Common Pleas County of Cumberland Donald A. Linn and Michelle D. Linn Owner , Pennsylvania Alleman Construction Docket Number ((D ()S -;). 4"'9 f/V}W Term 2005 Contractor Page Number (iD Whereas, Alleman Construction ("Contractor") of 1141 Three Square Hollow Road, Newburg, PA 17240, has entered into a contract with Donald A. Linn and Michelle D. Linn ("Owner") of 50 Carpenter Lane, Newburg, PA 17240, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 50 Carpenter Lane, Newburg, PA 17240Hopewell Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Donald A Linn and Michelle D. Linn are 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 personaliy 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 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 shali 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 day and year aforesaid. r>2J.'f to ( ;;lCOS ~*,-'f- Signed and sealed in the presence of: (-~1~}.., m '77U" ~ --- dJ/~ Donald A. Linn A(~v~-:; Michelle D. Linn /1 ---7 /'"I ":1'1,,, /' I--#-" /' /" / 6-4-J dx, MJ.-...... ALL THAT CERTAIN lot or piece of ground situate in Hopewell Township, County of Cumberland, Commonwealth of ,Pennsylvania, more fully bounded and described as follows: .. . BEGINNING at an iron pin in a dirt lane at the corner of lands now or formerly of Clair E. Manges; thence along said land and lands now or formerly of Gene A. Rife, South 43 degrees 42 minutes 51 seconds East 91.47 feet to an iron pin at the corner of lands now or formerly of Richard N. Garnder: thence along the same, South 43 degrees 45 minutes 35 seconds East 980.35 feet to all iron pin at corner of other lands now or formerly of Amos P. Esh; thence along the same and across the aforementioned dirt lane, South 44 degrees 33 minutes 27 seconds West 319.33 feet to a concrete monument; thence along other lands now or formerly of Amos P. Esh, North 43 degrees 45 minutes 35 seconds West 160.30 feet to an iron pin; thence along the same, North 26 degrees 50 minutes 22 seconds West 379.17 feet to an iron pin; thence along the same, North 43 degrees 45 minutes 35 seconds West 55200 feet to an iron pin at lands now or formerly of Clair E. Manges; thence along the same, North 44 degrees 33 minutes 27 seconds East 209.00 feet to an iron pin, the place of BEGINNING. CONTAINING a total area of 6.0001 acres as per subdivision plan for Amos F. Esh, dated February 26, 1982, prepared by Carl D. Bert, R.S., and recorded in Cumberland County Plan Book 41, Page 127. THE ABOVE DESCRIBED REAL ESTATE is the same which Victor K. Taylor and Paula J. Taylor, husband and wife by deed dated June 21, 2004 and recorded August 12, 2004 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Record Book 264, Page 3337 conveyed unto Donald A. Linn and Michelle D. Linn, husband and wife. v ~ t! r II ;' '- C> ~ fi! ~ f1:: ~ ~ ~ :t: ~ j ~ ~ --- ~ ,.c- D '- ---..::) 0 ", f-~ C:'.::J C" 0::',::"" -, c.n '"Tj _.~. ~ ,. -.<.,," ~_;:1 ~c...~ ::r, -< iTI r - rri N (") - "" - -... .- / :) :')J G --< !