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HomeMy WebLinkAbout06-2713 . 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 No. O{P - ;)I'{I!:, fYl/.3J /&~ Contractor ,-' 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. . ~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 /)JA~'~ .Jfh-~Lx1i:J Allen Jeffcoat, Contractor . . 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. 1 (:::) ~ 2 g ~ 'i ~ -;;..... a' -.:, l~f1 ;]I: ~~ C> l""f1f'O;-' :.:< 0 ;;",{:' - (l'Je'O 'r)~ - ~ ~ _/ ' N (:) ~ ~{: ~~:~: .cc; ~ :.:r:~\ ~ ~ ~i '~:;~ 26 f" t2 om ~~ ,"I 6"- t - ~ -..c:: - -L ~ F ~