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HomeMy WebLinkAbout06-3255 y .. Stipulations Against Liens Leroy M. Dallmeyer and Michelle M. Dallmeyer ::!In tbe ([ourt of ([ommon ~leas ([ount!.' of Cumberland , Pennsylvania Owner Home Designs Unlimited, LLC Docket Number 0(., -J:l.{;S /?1"i:J Term 20 Contractor Page Number ~",-I..\~1.. Wbereas, Home Designs Unlimited, LLC ("Contractor") of New Kingston, PA, has entered into a contract with Leroy M. Dallmeyer and Michelle M. Dallmeyer ("Owner") of 15 Fortuna Lane, Enola, PA 17025, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #3, 932 Hawthorne Street, Enola, PA 17025East pennsboro Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Leroy M. Dallmeyer and Michelle M. Dallmeyer are the title holder of record; and Wbereas, 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. Jlo\IJ, 'arbis )!lgreement Witnessetb: 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 Iiabie for all subcontracts, materials furnished and work and labor done. )!lnb 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. )!lnb, 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 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. Signed and sealed in the presence of: Unlimited, LLC ~ ~ ~ ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Hawthorne Street, at the southwest corner of Lot No. 2 on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Lot No.2, North 87 degrees, 45 minutes, 00 seconds East, a distance of 112.00 feet to a point on the western line of land N/F Joseph P. Collins and Dorothy A. Collins; THENCE along the western line of said Collins land and continuing along the western line of land N/F Glenn T. Ninikovich and Frances J. Ninikovich, South 02 degrees, 15 minutes, 00 seconds East, a distance of 100.00 feet to a point at the northwest corner of Lot No.4 on the hereinafter described Final Subdivision Plan; THENCE along the northern line of said Lot No.4, South 87 degrees, 45 minutes, 00 seconds West, a distance of 112.00 feet to a point on the eastern dedicated right-of-way line of Hawthorne Street; THENCE along the eastern dedicated right-of-way line of Hawthorne Street, North 02 degrees, 15 minutes, 00 seconds West, a distance of 100.00 feet to a point at the southwest corner of Lot NO.2 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. CONTAINING 11,200.00 square feet, more or less. BE~NG Lot No.3, Final Subdivision Plan for Laurel Woods, dated May 26, 2005, last revised September 27, 2005 recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 91, Page 73. SUBJECT TO an easement for utility installation and maintenance which is reserved on alll~ts a~d such oth~r easem~~ts, as may be shown in recorded documents, granted to pUblic utility compa.n1~s f~r ul1lity purposes. Electric service will be supplied only from the. underground dlstnbutlon system in accordance with then current PP&L Company Tanff prOVISions. BEING the same premises which Mary Lou Ciccocioppo and Joseph D. Ciccocioppo, her husband, by DeBd dated October 17, 2005, and recorded November 2, 2005, in the Office of the Recorder of Deeds in and for thB County of CumbBrland, Pennsylvania, in Book 271, Page 3705, granted and conveyed unto Deluxe Homes of PA, Inc., a Pennsylvania corporation. IT ALSO BEl Deed dated of Deeds in Michelle M. G THE SAM PREMISES WHICH Deluxe Homes of PA, Inc., a Pennsylvania corporation, by its , 2006, and about to be recorded in thB Office of the Recorder or urn erland County, Pennsylvania, granted and conveyed unto Leroy M. DallmeYBr and eyer, his wife, Mortgagors herein. ~ ."1 C' ~ D Lv ~ Dr ~ ~ p ~ b f 1- - ~ 1(~ ~ ~ " 0 ...., c~,. = 0 (~ ;R ~~~;'i 0'" ." <- ~ s::~; cn~ I -Q n"l co ::::J C;) , r~~l -0 'j "T' :::::;:: . ~; r':" " - ... ;', ,) , f'-) ~J ["'n ~"l :-'-j .< w ~D _..J -<