HomeMy WebLinkAbout06-2713
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Stipulations Against Liens
3Jn tbe Q[:ourt of Q[:ommon ~leas of Q[:umberlanb Q[:ount", ~enns"lbania
L. Carl Leinbach and Patricia
Leinbach
Owner
Allen Jeffcoat, General Contractor
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Contractor
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1>>bmas, Allen Jeffcoat, General Contractor ("Contractor") of 1655 Buchanan Valley Road,
Orrtanna, PA 17353, has entered into a contract with L. Carl Leinbach and Patricia Leinbach
("Owner") of 775 High Mountain Road, Gardners, Cooke Township, Cumberland County,
Pennsylvania, for general construction upgrades to the SINGLE FAMILY DWELLING upon the lot of
ground known as 775 High Mountain Road, Gardners, Cooke Township, Cumberland County,
Pennsylvania, described in Exhibit "A" hereof, of which L. Carl Leinbach and Patricia Leinbach are
the title holder of record; and
1>>bmas, 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.
Jiolu, ~biS lagreement 1>>itnesstlb: 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.
lanb 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.
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~nb, 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 materialmen, any and all claims or claim, liens or lien, filed by
or for the Contractor, or any subcontractor or materialmen, 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 hands and seals the day and year aforesaid. .!: / r;/61o
Signed and sealed in the presence of:
I~r
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.Jfh-~Lx1i:J
Allen Jeffcoat,
Contractor
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File No. LEINBACH
All that certain lot or piece of ground situate in Cooke Township, County of Cumberland,
Commonwealth of Pennsylvania, more particularly bounded and described as follows:
BEGINNING at an iron pin in the road leading to Pine Grove Furnace, Township
Road No. 335, at corner of lands now or formerly of V. Daniel Stiles and wife: thence by
said Township Road No. 335, North 80 degrees 4 minutes 50 seconds West, 397 feet
to an iron pin in the said Township Road No. 335; thence by line of lands now or
formerly of Claude D. Mefford and wife, North 10 degrees 36 minutes 10 seconds
West, 1078.64 feet to an iron pin: thence by line of lands now or formerly of Mark O.
Hillsamer, North 71 degrees 35 minutes 33 seconds East, 375.28 feet to an iron pin;
thence by line of lands now or formerly of said Daniel Stiles and wife, South 10 degrees
36 minutes 10 seconds East, 1268.78 feet to an iron pin, the place of BEGINNING.
CONTAINING 10.018 acres and being described in accordance with a survey prepared
by Richard W. Boyer, Registered Surveyor, dated June 22, 1971.
Being the same which Peter R. Ruel, Jr. and Betty Ruel, husband and wife, by their deed
dated November 30, 2005 and intended to be recorded prior hereto in the Office of the Recorder of
Deeds of Cumberland County, Pennsylvania, sold and conveyed unto L. Carl Leinbach and Patricia
Leinbach, husband and wife.
UNDER AND SUBJECT, NEVERTHELESS, to any recorded easements, restrictions and
conditions that may apply to the above-described tract of land.
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