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HomeMy WebLinkAbout06-1339 1.1q;a\!ir=:._'&o"'AmIlU:_~\!i MAR. 62006 3:41PM Ilr TURNER & OCONNELL NO. 4882 P. 2 .. Stipulations Against Liens George Hebel In the Court of Common Pleas County of Cumberland Owner , Pennsylvania D, Cully, Inc., t/d/b/a C&C Construction Docket Number 010 - /2,2/:; fYl L.../J Term 2006 Conrraotor Page Number Whereas, D. Cully, Inc" tld/b/a C&C ConstruCtion ("Contractor") of , has entered Into a contract with George Hebel (dOwner") of 821 Chen)' Road, Liverpool, PA 17045, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 844 Anthony Drive, Hampden Township, Cumberland County, Pennsylvania, described in EXhibit "A" hereof, of which George Hebel 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 CQntractor to any subcontractor for labor or materials futnished in the said erection or construction, and that the right at 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 betore the sealing and delivery ot these presents, the receipt of which is hereby acknowiedged, and intending to be legally bound hereby; does hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, iaborers and parties acting for, through or under Contractor, that no mechanics' lfen or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot ot 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 ot lien by anyone, shall be an Independent covenant and shaH operate and be effective with respect to work done and materia is 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 ciaims flied by Contractor or anyone acting under or through Contrector in violation of the toregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas ot the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of COmmon Pieas 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 ot anyone or more of them against the building, improvements, lot of ground or any part thereof, and, for such act or acts, this shali be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which this instrument shaH 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 day and year atoresaid. Signed and sealed in the presence of: fY! ';:J./1 r J.. (0 ;) t0Cio I ~~/ .~/~ Gep{ge ebal By t.l.....lll....._~IRRtI"....UIll MAR. 6.2006 3:41PM - TURNER & OCONNELL NO. 4882 P 3 . File No. GHEBEL ALL THAT CERTAIN tract or parcel of ground situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as tollows, to wit: BEGINNING at a point on the southern right of way line of Anthony Drive (tormerly Margaret Road) at the dividing line between Lots Nos. 38 and 39 on the hereinafter mentioned plan of lots; thence along said dividing line South 19 degrees 21 minutes 22 seconds West a distance of 190.29 feet to line of Lot NO.6, Plan No.1, Part of Section \I, Deimler Manor; thence along the same and along the line of Lot NO.7 on the said plan, North 82 degrees 29 minutes 02 seconds East a distance of 178.50 feet to line of Lot No. 40 on the hereinafter mentioned plan; thence along the same North 07 degrees 51 minutes 34 seconds West a distance of 148.15 feet to the southern right of way of Anthony Drive; thence along the same in a westerly direction around a curve to the right having a radius of 200.00 feet, an arc distance of 95,00 feet, to the line of Lot No. 38, the place of BEGINNING. BEING all of Lot No. 39 on the Final Plan No.2, Part of Section II, Deimler Manor, recorded at Plan Book 33, page 10, in the Office of the Recorder ot Deeds of Cumberland County. SAID real property is known and numbered as 844 Anthony Drive, Mechanicsburg. Pennsylvania. UNDER AND SUBJECT to conditions, rights of way and restrictions of record, including without limitation, a drainage easement as shown on the said plan across the southern portion ofthe premises. BEING the same premises which D. cully, lnc" by deed dated December 28, 2005, and recorded in the Cumberiand County Recorder of Deeds Office in Record Book 272, page 2697, granted and conveyed unto George Hebel. -k,. 0> (;; F ' ~ It- '6 ~ ~ ;U U1 S: r ~ {l P '( ;:- ~ r ---------