HomeMy WebLinkAbout02-1080
Stipulations Against Liens
Timothy R. Negley, single man
Owner
In the Court of Common Pleas County of
Cumberland
, Pennsylvania
Docket Number GJeJ -ILJ8'LJ ft1 L}j Term 2002
Rine & Rine Builders
Page Number
Contractor
Whereas, Rine & Rine Builders ('Contractor") of 19 Independence Drive, Shippensburg, PA 17257 has entered into a
contract with Timothy R. Negley, single man ("Owner") of for the erection or construction of a SINGLE FAMILY
DWELLING upon the lot of ground known as Lot 7, Oakville Road, Shippensburg, PA 17257, North Newton township,
Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Timothy R. Negley, single man 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 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 this 2:Z') day of
r c hrv~r1
,2002.
Signed and sealed in the presence of:
y~~
Timothy R. Negley
RljjlNE BUI~DERS ~
By fJ.J...A.M.. \.~, (
File No. FTA6612
All that certain lot or piece of ground situate in the North Newton township, Cumberland County and State of
Pennsylvania, bounded and limited as follows:
All that certain lot or piece of ground situate in the North Newton township, Cumberiand County and
State of Pe'nnsylvania, bounded and limited as follows:
BEGINNING at a set railroad spike in the centerline of Oakville Road (S.R. 3005) at the
dividing line between other lands of the Grantor known as Lot 1 on the hereinabove
referenced plan and 'Lot 7 00 the hereinabove, referenced plan; thence along said dividing
line, North 39 degrees 47 minutes 20 seconds East 836.65 feet to a set iron pin; t..l-tence
.along the line of lands now or formerly of Rachel H. Martin, South 44 degrees 21
minutes 42 seconds East 359.85 feet to a set iron pin; thence along the line of lands now
or formerly of Witrne? Living Trost Incorporated the following courses and distances: 1)
South 28 degrees 28 minutes 30 secoads West 38.77 feet to a set iiOn pin at corner post;
, 2) South 30 degrees 05 minutes 27 seconds East 56.52. feet to a set iron pin at corner post;
3) South 25 degrees 30 minutes 00 seconds West 852.58 feet to a set railroad soike'
thence along the centerline of Oakville Road (S.R. 3005) North 44 degrees 35 minut~s 44
seconds West 106,92 feet to a set railroad spike; thence along the same North 42 degrees
14 minutes II seconds West 527.78 feet to a set railroad spike, ,he point of
BEGL"fflING. '
BEING Lot 7 on ule hereinabove referenced plan and containing a :o(al area J:' lO,O;)
acres inclusive of public right-of-way.
Bei.ng the same premises which Ronald p, Negley, Jr. and Joyce E, Negley, husband and wife by deed
dated August 3, 2001, and recorded August 7, 2001, in and for Cumberland County, in the Office or
the Recorder of Deeds, in Deed Book 247, Page 4063, granted and conveyed umo Timothy R. Negley,
single man.
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