HomeMy WebLinkAbout06-3251
Stipurallons Against liens
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Matthew J. Allen and Janelle In the Court of Common Pleas County of
Allen
Owner Cumberland
IJ/P . 3,;)5'1 /lA-U) , Pennsylvania
Docket Number '~3/1 ~ 00(;; Term 1If?ob
Matthew J. Allen Page Number
Contractor
Whereas, Matthew J. Allen ('Contractor") of 512 East Orange Street, Shippensburg, PA 17257 has entered into a contract
with Matthew J. Allen and Janelle Allen ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING
upon the lot of ground known as Lot 1 along Ritner HighwBY, Shippensburg, PA 17257, South Newton Township,
Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Matthew J. Allen and Janelle Allen is the
title hoider 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 hBnd 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 covenBnt, 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, improvBments, lot of ground or any part
hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materiBlmen and laborers
shall look to and hold ContrBctor 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 Bnd the building, irnprovements 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 Bny 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 rBcord 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 Bny subcontractor
or materialman, or in the name of Bny one or more of them against the building, improvements, lot of ground or any pBrt
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:
W~Z/~
Mat ew . ~Ien
File1lro.061688ALLEN
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ALL that certain tract or parcel of ground lying and being situate in South Newton Township, Cumberland County,
Pennsylvania, more particularly bounded and described as fonows:
BEGINNING at a nail in the centerline ofU. S. Route II; thence along a 50 foot private right of way lands of Wiser,
South 58 degrees 50 minutes 05 seconds East a distance of 372.63 feet passing through an iron pin set 28.23 feet from the
aforesaid nail to an iron pin; thence continuing along other Wiser lands, South 58 degrees 50 minutes 20 seconds West, a
distance of 338.06 feet to an iron pin; thence along Lot No.2, North 31 degrees 09 minutes 40 seconds West, a distance
of 330.00 feet to a nail set in the centerline of U. S. route 11; thence over the centerline of said Route 11, North 58
degrees 50 minutes 20 seconds East, a distance of 165.00 feet to the point and place of BEGINNING.
BEING Lot No.1 of the property shown on subdivision plan for Douglas Wiser by John R. Kissinger, R.S., dated July I,
1986, and recorded in Cumberland County Recorded of Deeds.
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