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HomeMy WebLinkAbout02-1324Stipulations Against Liens JOSEPH E. BUEHLER III and JENNIFER L. BUEHLER, HUSBAND AND WIFE Owner Stephen Black Builders, Inc. Contractor ~n tl~e ~ourt of ~ommon ~lea5 Countt, of Cumberland Docket Number ~_9 ;~ -12 ~ c/ flO t. d~ Page Number , Pennsylvania Term 20 t~91)erea~, Stephen Black Builders, Inc. ('Contractor") has entered into a contract with JOSEPH E. BUEHLER III and JENNIFER L. BUEHLER, HUSBAND AND WIFE ("Owner") for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as LOT 15, GLENFINNAN PLACE, MECHANICSBURG, PA 17055, LOWER ALLEN TOWNSHIP, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which JOSEPH E. BUEHLER III and JENNIFER L. BUEHLER, HUSBAND AND WIFE is the title holder of record; and t~91)greas, 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. 2floW, ~l~is glllreement ~itnt~etg: 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 ail subcontracts, materials furnished and work and labor done. ~nb 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. ~hlb, 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 any one 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. STIPULATION AGAINST LIENS.DOC File No. 02-154 ALL THAT CERTAIN tract of land situate partly in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows to wit: BEGINNING at a point on the eastern right-of-way line of Glenfinnan Place 60 feet wide at the dividing line between Lots Nos. 14 and 15 as shown on the hereinafter mentioned plan; thence along the eastern right-of-way line of Glenfmnan Place North 22 degrees 15 minutes 00 seconds East a distance of 192.00 feet to a point at the dividing line between Lots Nos. 15 and 16; thence along the dividing line between Lots Nos. 15 and 16 South 67 degrees 45 minutes 00 seconds East a distance of 235.00 feet to a point at the dividing line between Lots Nos.15, 16 and 12; thence along the dividing line between Lots Nos. 12 and 15 South 22 degrees 15 minutes 00 seconds West a distance of 67.00 feet to a point at the dividing line between Lots Nos.12, 13 and 15; thence along the dividing line between Lots Nos.13 and 15 South 39 degrees 59 minutes 41 seconds West a distance of 131.24 feet to a point at the dividing line between Lots Nos. 13, 14 and 15; thence along the dividing line between Lots Nos. 14 and 15 North 67 degrees 45 minutes 00 seconds West a distance of 195.00 feet to a point on the eastern right-of-way line of Glenfmnan Place, said point being the place of BEGINNING. Containing 42,620.01 square feet. Being Lot No. 15 as shown on the Final Subdivision Plan of Allen Estates. Said plan being recorded in Plan Book 72, Page 125. STIPULATION AGAINST LIENS.DOC