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HomeMy WebLinkAbout06-1638 Megan M. Gephart and Matthew B. Carr Stipulations Against Liens 3In tbe <!Court of <!Common flleas <!Count!' of CT A0853 Owner Cumberland , Pennsylvania Docket Number 0 (. _ / G. :s f /Vl i- Q Term 2004 Eldon J. Martin Page Number Contractor Wbereas, Eldon J. Martin ('Contractor") of has entered into a contract with Megan M. Gephart and Matthew B. Carr ("Owner") of 4461 Molly Pitcher Highway, Chambersburg, PA 17201 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 100 Helen Avenue, Shippensburg, PA 17257, Southampton township, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Megan M. Gephart and Matthew B. Carr is the titie holder of record; and Wbereas, 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 iabor or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. ~obJ, 'Q[:bis %lgteement Witnessetb: 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 acknowiedged, 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. %lnll 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. %lnll, 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 Commonweaith 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 rnore 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. '3 - / Lj - 0 & Signed and sealed in the presence of: /-... ~ -/71::Jj~ M~ . Gephart - f~tft ?-- M~~a~r/~~ ,~~ . /. - ~ fli~ Eldon J. Martin/ 4' ~. ~~ " Lb.,b C~CL J)~:... nUl Ie /; ('(.1._ i-D lcLUt FUe No.'CrA0583 ALL that certain lot of land situate in Southampton Township, Cumberland County, Pennsylvania, being Lot No. 140 in Section 4 in the Development known as South Mountain Estates, said plan recorded in Plan Book 32 Page 121, bounded and described as follows, to wit: BEGINNING at a point in the Eastern edge of Helen Avenue at corner of Lot 139 of the South Mountain Estates Development; thence by the Eastern edge of said Helen A venue North 19 degrees 28 minutes 30 seconds West 105 feet to a point; thence by a curve having a radius of 25 feet, an arc distance of 39.27 feet by a long chord North 25 degrees 31 minutes 30 seconds East 35.36 feet to a point in the Southern edge of Kail Avenue; thence by the Southern edge of Kail Avenue North 70 degrees 31 minutes 30 seconds East 190.74 feet to a point; thence by land now or formerly of Joseph B. Hazzard, South 10 degrees 41 minutes 58 seconds East 119.41 feet to a point at corner of Lot No. 139 in the aforesaid Development; thence by Lot No. 139 South 67 degrees 3 minutes 6 seconds West 197.88 feet to a point in the Eastern Edge of Helen Avenue, the point and place of BEGINNING. CONTAINING 25,079 square feet, per survey of LaRue Surveys, Inc., R. E., dated June 14,1974. (\..) I' J v, VJ '>-' ,S> t ( <'t:, ?- () (' -"-- "'- ./ o , r '3 c d '-..L\. f':"- (") ~ r' k '-'- ,. ; } \-c ~~0:::' " r -.c. \... ~. ~ ~', r"" -(f ')\) t,' (; . ~l r"--.' C) 0 ~ ~~~ ,-.;.-:;:) -n ,;;J.... ::;:l :;l': ::>:;""' --'--11 rnp ~ -nrn N -;JrJ '. ~~;r~ " ~-r. -U ~5 "',', (~ -- :~?,rn S-? -t'.~ _...~ .r -::0 ..:', en .< <;;;' c , ~,