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HomeMy WebLinkAbout06-3898 .r ~~ Stipulations Against Liens TIMOTHY M. WALSH and SUSAN E. WALSH Owner HOME DESIGNS UNLIMITED, LLC Contractor ~'(\--'- ~\"2.~ Jln tbe <!tourt of <!tommon ~Ieali <!tount)' of Cumberland , Pennsylvania Docket Number ex. - JP9 P miiJ Term 20 Page Number Wbereali. HOME DESIGNS UNLIMITED, LLC ("Contractor") of Po Box 387 New Kingston, Pa , has entered into a contract with TIMOTHY M. WALSH and SUSAN E. WALSH ("Owner") of 36 Princeton Court, Langhorne, PA 19047, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #50, Village of Cross Creek, Carlisle, PA 17013North Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which TIMOTHY M. WALSH and SUSAN E. WALSH are the title holder of record; and Wbereali, 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. JiolD. l!I:bili agreement Witnelilietb: 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. anb 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. anb, 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. Signed and sealed in the presence of: Witness our hands and seals the day and year aforesaid. File No. 28018WALSH '/ TIMOTH . WALSH ~E.W~ SUSAN E. WALSH HOME DESIGNS UNLIMITED, LLC BY~ /~ DAVID R. THOMPSON ,.. LEGAL DESCRIPTION .. " All that certain tract of land sih;ated in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as f(lllows: BEGINNING at a point being located on tbe northwestern most corner of I.ot 50: thence, along the right-of-way line of Stony Creek Court S 87019'26" E a distance of 10.3J' to a point; thence, along the same on a curve to the left with a radius of 50.00' with an arc length of 39.67' having a chord bearing N 69056'48" E a distance of38.64' to a point: thence. along Lot 50 S 42046.57" E a distance of 116.43' to a point: thence. along the same S 53027'28" W a distance of 25.40' to a point; thence, along the same S 69049'41" W a distance of 64.07" to a point: thence, along the same S 86028'10" W a distance of 50.53' to a point; thence, along the same N 02040'34" E a distance of 113.14' to a point. the plaee of BEGINNING. Containing: Area: 10.757 sq. ft. (0.25 acres) BEING PART OF the same premises whi<;h John W. Gleim, Jr. and Karen S. Gleim, husband and wife, by Deed dated August 6, 1997, andrecorded August 15, 1997, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 162, Page 949, granted and conveyed unto Penta Star Investments, Inc., a Pennsylvania Corporation. IT ALSO BEING THE SAM.E PREM~ES WHICH Penta Star Investments, Inc., a Pennsylvania Corporation, by its Deed dated ~ 'l\...Q. 2. , 2006, and about to be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Timothy M. Walsh and Susan E. Walsh, husband and wife, Mortgagors, herein. Schedule A . Page 2 Commitment No. 28018WALSH This commitment is invalid unless the Information Sheet and Schedules A and B are attached () ~ ;t) ~ ~ ~ t () (j ...... ...... ~ ~ E ~ ~ ~t ""0 le:, b ~ b c-. ~ Cf-- 1'\,J --< -.1 r--,~ c:::) ~;.J, "~:_':' , c..,-' (__ -f c:- ::C..,., r- nl!,o-: W...; ;S -, '-.-;"'''; - ~5 rrl -++1 +',," ~o "<