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HomeMy WebLinkAbout06-3924 StiPula~ons A~st Liens ~, 'l.~1;, 3ln tbe !!Court of !!Common tl1ea~ !!Count!' of Cumberland DWAYNE A. DEIMLER and ELIZABETH P. KNOUSE , Pennsylvania Owner Dwayne Deimler Homes Docket Number ct - 3q 1-4 /."ILJj Term 20 Contractor Page Number Wberea~, Dwayne Deimler Homes ("Contractor") of Mechanicsburg, PA, has entered into a contract with DWAYNE A. DEIMLER 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 12, Misty Meadows Subdivision, Boiling Springs, PA 17007South Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which DWAYNE A. DEIMLER and ELIZABETH P. KNOUSE are the title holder of record; and Wberea~, 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. ~olu, m:bi~ ~lJreement Witne~~etb: 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. ~nb 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. ~nb, 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 i17evocably 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; ~t<r-/lO ~ DWAY A. DEIMLER ~~p~ E . ETH P. KNOUSE J.~~~ Dway Delmler Homes '" . 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 Januwy 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 wit: BEGINNING at a point along 50 foot wide right-of-way of East Creamery Road, South 82 degrees 12 minutes 28 seconds East 91.44 feet to a point with a 30 foot wide utility easement; thence along lands now or formerly of George F. Dixon, Jr., South 39 degrees 56 minutes 20 seconds West 249.30 feet to a point; thence along Phase I of Misty Meadows Partners, North 50 degrees 03 minutes 40 seconds West 124.14 feet to a point; thence along the dividing lines between Lot No. 12 and Lot No. 13, North 02 degrees 41 minutes 11 seconds East 111.34 feet to a point; thence along a 50 foot wide right-of- way of East Creamery Road, South 87 degrees 18 minutes 49 seconds East 38.22 feet to a point; thence along a curve to the right having a radius of 10.00 feet a distance of 10.47 feet to a point; thence continuing along a curve to the left having a radius of 60.00 feet a distance of 152.16 feet to a point and place of BEGINNING. BEING Lot No. 12 of the Plan of Lots known as Misty Meadows - Phase II, and containing 26,631.76 square feet. IT BEING THE SAME PREMISES WHICH Misty Meadows Partnership a Pennsylvania General Partnership, b~ its Deed dated July 03, 2006, and about to be record~d in the Office of the Recorder of Dee.ds In and for Cumberland County, Pennsylvanian, granted and conveyed unto Dwayne A. De Imler and Ehzabeth P. Knouse, single adult individuals, Mortgagors herein. Cl - C"\~~ '~J ~~---- ~~1 r ~ -------- ;!J , ~, '~ ;~ L-~ :r: -n C:::. 1'1;;:'- ,.-- _ ~\J, ~:: f'J ~ \: '^' n (H ~::~'; 0"\ --0 ."'" -