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HomeMy WebLinkAbout02-1525Stipulations Against Liens Phyllis IKhisenand and Thomas G. Whisenand, wife and husband Owner Rine and Rine Builders In the Court of Common Pleas County of Docket Number Page Number , Pennsylvania fi'] L~ Term 2002 Whereas, Rine and Rine Builders ('Contractor") of 19 Independence Drive, Shippensburg PA 17257 has entered into a contract with Phyllis Whisenand and Thomas G. Whisenand, wife and husband ("Owner") of for the erection or O..,vt/m~ construction of a SINGLE FAMILY DWELLING upon the lot of ground known as, North Newton Township, ~ County, PENNSYLVANIA described in Exhibit "A" hereof, of which Phyllis Whisenand and Thomas G. Whisenand, wife and husband 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, premise 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 ail 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. Signed and sealed in the presence of: Tho~s G. W_hisenand Rine and Rine Builders i SS260.00073 ACCC-2039 SCHEDULE C ALL that certain Lot of land situate in North Newton Township, Cumberland County, Pennsylvania, being Lot No. 7 on Subdivision Plan of Fred M. Willis, said plan being recorded in Plan Book 64, Page 51, in the Office of Recorder of Deeds of Cumberland County, Pennsylvania more fully bounded and described as follows: BEG]:NNING at a railroad spike in the center line of Township Road 333 (Springfield Road), at corner of Lot No. 8 on the aforesaid plan; thence by said Lot Nos. 8, 9 and 1_0, South thirty-four (34) degrees, three (03) minutes, seventeen (17) seconds East, five hundred ninety-four and sixty-one hundredths (594.61) feet, to an iron pin in line of lands now or formerly of Paul Ramer; thence by lands of Ramer, South fifty-eight (58) degrees, thirty-two (32) minutes, fifty-four. (54) seconds West, two hundred five and twenty-one hundredths (205.21) feet, to an iron pin ~ine of Ramer, at corner of Lot No. 6 on the aforesaid subdivision plan; thence by Lot No. 6, North thirty-four degrees, three (,03) minutes, seventeen (17) seconds, West, five hundred eighty- five and twenty-nine hundredths (585.29) feet, to a railroad spike in the center line of Springfield Road; thence by the center line of said road, North fifty-five (55) degrees, fifty-six (56) minutes, forty-three (43) seconds East, two hundred five (205.00) feet, to a railroad spike at corner of Lot No. 8, the place of BEGINNING. BEING the same premises which Rodney L. Myers and Donna J. Myers, husband and wife by Deed dated 02/21/2002 and recorded 02/27/2002 in the Office of the Recorder of Deeds in and for Franklin County, Pennsylvania, in Record Book 250 Page 2656 granted and conveyed unto Phyllis Whisenand and Thomas G. Whisenand, wife and husband.