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HomeMy WebLinkAbout06-3922 ; " Stipulations Against Liens (f4 /'1' 7, ,)m;(p 3ln tbe <!Court of <!Common ~(eali <!Count!' of Cumberland DWAYNE A. DEIMLER and ELIZABETH P. KNOUSE , Pennsylvania Owner Dwayne Deimler Homes Docket Number C(, - :ri'L7-- u'-:!> Term 20 Contractor Page Number Wbereali, Dwayne Deimler Homes ("Contractor") of Mechanicsburg, PA, has entered into a contract with DWAYNE A. DE IMLER and ELIZABETH P. KNOUSE ("Owner") of 3820 Mountain View Road, Mechanicsburg, PA 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 20, Misty Meadows Subdivision, Boiling Springs, PA 17007South Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which DWAYNE A. DE IMLER and ELIZABETH P. KNOUSE 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. jf!ow, 'Orbili mgreement 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. mnb 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. mnb, 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; ~ ' ",-",A-..9--..---7 DWA EA. DEIMLER /'\- /) , " ". =======_______ LEGAL DESCRIPTION . -------=================================================== ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Final Subdivision, Phase II, Misty Meadows, dated January 24, 2003, last Revised April 16, 2003, prepared by Advantage Engineer Services, Inc., and recorded July 8, 2003, in the Office of the Recorder of Deeds, in and for Cumberland County, in Plan Book 87, Page 65, as follows to wi\: BEGINNING at a point along the northern right-of-way of 50 foot wide Springville Road (T-537) North 04 degrees 06 minutes 52 seconds West 102.18 feet to a point; thence along the northern right-of-way of 50 foot wide East Creamery Road by a curve to the right having a radius of 16.00 feet, an arc length of 26.13 feet to a point; thence continuing along the northern right-of-way of 50 foot wide East Creamery Road South 87 degrees 18 minutes 49 seconds East 157.44 feet to a point; thence continuing along the northern right-of-way of 50 foot wide East Creamery Road by a curve to the left having a radius of 75.00 feet, an arc length of 26.84 feet; thence continuing along the northern right-of-way of 50 foot wide East Creamery Road North 87 degrees 18 minutes 49 seconds East 54.46 feet to a point; thence along the dividing lines between Lot No. 20 and a 54 foot wide Drainage Easement, South 41 degrees 19 minutes 20 seconds West 141.79 feet to a point; thence along the dividing lines between Lot No. 20 and Lot No. 51 South 85 degrees 53 minutes 08 seconds West 153.92 feet to a point and the place of BEGINNING. . BEING Lot No. 20 of the Plan of Lots known as Misty Meadows - Phase II, and contammg 17.058.05 square feet. . . UNDER AND SUBJECT, NEVERTHELESS, to all associated rights, provisions, and con~ltlOns of a fifty four (54) foot wide drainage easement and a twenty foot wide Storm Dramage Easement as shown on the herein above mentioned Final Subdivision Plan for Misty Meadows Phase II. IT BEING THE SAME PREMISES WHICH Mis . General Partnership, by its Deed dated July 03 2006ty ~eadows PartnershIp, a Pennsylvania the Recorder of Deeds in and for Cumberland Coun ,an about to be recorded in the Office of unto Dwayne A. Deimler and Elizabeth P K ty, Pennsylvaman, granted and conveyed . nouse, smgle adult individuals, Mortgagors herein. , \ ... G)~~ ~ - ~ ~~ C><l ..t'\ . ......l -.I "- ~ g.. ~ i ~ ~ ~ ,~, (;:':'::) C:_~'."} :;:7.... (- :::! rC:: H"; - 1'_' . ' (,~,'? ,.r;- e>:: Vv .