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HomeMy WebLinkAbout06-3301 . , Stipulations Against Liens Louis A. Dejoie and Cynthia L. Dejoie, husband and wife In the Court of Common Pleas County of Owner Cumberland , Pennsylvania Docket Number Db - 336/ I11L..O Term 2006 Simeral Construction Company Contractor Page Number Whereas, Simeral Construction Company ('Contractor") of 129 West Airport Road, LitiIz, Pennsylvania 17543 has entered into a contract with Louis A. Dejoie and Cynthia L. Dejoie, husband and wife ("OWner") of for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 2 Katie Lane, Carlisle, PA 17013, Lot 2. HarryW, Snyder, Township of Dickinson, Cumberland County.. Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Louis A. Dejoie and Cynthia L. Dejoie, husband and wife 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, 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. 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 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 hand and seal the day and year aforesaid, U - q -0(; Simeral Construction Company By: Name: Title: . , Stipurations Against L.iens Louis A. Dejoie and Cynthill L. Dejoie, II u.rblllld and wife In the Court of Common Pleas County of 01l'ncr Cumberland . Pennsylvania Docket Nl/mber Term 2006 Simeral Construction COllfPany CfH1fractor Page Number Whereas. Slmeral Construction Company ('Contractor") of 129 West Airport Road. Litltz. Pennsylvania 17543 has entered into a contract with LOUis A. DejOie and Cynthia L. Dejoie. husband and wife ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 2 Katie Lane. Carlisle, PA 17013, Lot 2. Harry W. Snyder. Township of DicKinSon. Cumberland County.. Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof. of which Louis A Dejoie and Cynthia L. DeJoie. husband and Wife 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 fumlshed 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, promise and agree, for Contractor and any and all subcontractors. (Tlaterlalmen. 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 o~ curtilages appurtenant thereto by anyone, and that all subcontractors. materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts. mateHals furnished and work and labor done. And this agreement, waiving the light 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 warl< in the erection. construction and completion of the building as well as to any work and labor done and materials fumished under the contract aforesaid. And, in order to give the Owner full power and authority to protect Owner and 1I1e 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 Courtof Common Pleas of the Commonwealth of Pennsylvania to appear fOr Contractor in any of the said Courts 01 Common Pleas as attomey for Contractor and in Contractor's name. marl< 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 sny part thereof. and, fOr such act or acts. this shall be good and sufficient warrant and authority. and a reference to ltle 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 ail 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, , Louis A. Dejoie I ~ ~ L~1fMJ t s I ! ~\ ~t\TT , , ~ \6L-~ 'O/ZOd EOH 881Smm+ . ! ^~N30V 13NI!N3S 3H!-WO~~ 2n:) r an..lln_LU"" File No. 830-211 ALL the following described real estate situate in Dickinson Township, Cumberland County, Pennsylvania, being Lot 2 described on the Final Subdivision Plan for Harry W. Snyder Property, said Subdivision Plan recorded in Plan Book 72. Page 75, bounded and described as follows: BEGINNING at an iron pin located North 76 degrees 13 minutes 09 seconds East. 51.04 feet from an existing concrete monument at the comer of the right of way for Katie Lane and the Snyder property, referenced herein; thence along land now or formerly of Robert L. and Kathleen A. Vogel, (I) North 76 degrees 13 minutes 09 seconds East, 793.49 feet to an iron pin; thence along Lot 5 (2) South II degrees 24 minutes 03 seconds West, 481.18 feet to an iron pin; thence along Lot I (3) South 89 degrees 02 minutes 36 seconds West, 222.37 feet to an iron pin; (4) North 59 degrees 41 minutes 01 seconds West, 339.27 feet to an iron pin; thence continuing along Lot] (5) South 76 degrees 13 minutes 09 seconds West, 108.62 feet to an iron pin on the right of way of Katie Lane; (6) thence on said right of way, a curve to the left with a radius of 50.00 feet for a distance of 69.76 feet, the arc of which is subtended by a chord bearing North 32 degrees 46 minutes 44 seconds West, 64.24 feet to an iron pin; thence continuing along said right of way (7) a curve to the right with a radius of 25.00 feet for a distance of 30.7 feet, the arc of which is subtended by a chord bearing North 37 degrees 28 minutes 56 seconds West, 28.87 feet to an iron pin on said right of way; thence (8) North 02 degrees 13 minutes 04 seconds West, 64,13 feet to the place of BEGINNING. p 0 ~ ~ - t:. h \) - ~ () ::l5 - 2- "'" --u --0 F C>' ~ ~ t ~ ,-- 0 r-> """ 0 '2 <::::1 -n a' - :~ u " <-- nl I ~ r1~ -n ~. 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