HomeMy WebLinkAbout02-2156~ =bpulabons Against Lens
MA TTHEW A. KEMPF and
BETH A. KEMPF, HUSBAND
AND WIFE
O~ner
HIGHSPIRE HOMES, INC.
Contractor
In the Court of Common Pleas County of
Cumberland
Docket Number ;~o. Od ~ .~/.~c A4 zO
Page Number
, Pennsylvania
Term 19
Whereas, on this 30th day of April, 2002, HIGHSPIRE HOMES, INC. ('Contractor") of 2100 WEST HARRISBURG PIKE,
MIDDLETOWN, PA 17057 has entered into a contract with MATTHEWA. KEMPF and BETH A. KEMPF, HUSBAND AND
WIFE ("Owner") of 1130 PETERSBURG ROAD, BOILING SPRINGS, PA 17007 for the erection or construction of a
single fa.~ ly d~ellin~ upon the lot of ground known as 1130
pl-~ ~-RSBURG ROAD, BOILING SPRINGS, PA 17007, South Middleton Township, Cumberland, PENNSYLVANIA
described in Exhibit "A" hereof, of which MATTHEW A. KEMPF and BETH A. KEMPF, 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,
matedalmen, 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.
~d, in order to give the Owner full power and authority to protect Owner and the building improvements and ot of
ground, against any and a c a ms filed by Contractor or anyone acting under or throug~h 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 any one 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.
Signed and sealed in the presence of:
BY: DAI.R Y~N~7I:, ~ PRESIDENT
· ~ile No. 02-7795LJAP
ALL THAT CERTAIN piece or parcel of land situate in South Middleton Township in the State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point in the centerline of the Petersburg Road (Township T-518) which point is three hundred
seven and thirty-four hundredths (307.34) feet measured northwardly from the intersection of the centerline of the
said Petersburg Road and the mountain road leading from the Petersburg Road to the public road leading from
Boiling Springs to Mt. Holly Springs (Legislative Route No. 21008); thence from Beginning point by other lands of
Quarter Acres Hot Rod Club, South sixty-eight (68) degrees forty-six (46) minutes West, a distance of three
hundred (300) feet to a twenty-five (25) feet wide public right-of-way; thence by the eastern side of said public
right-of-way, North twenty-one (21) degrees thirty-three (33) minutes West, one hundred fifty (150) feet to a
point; thence by other lands of Quarter Acres Hot Road Club, North sixty-eight (68) degrees forty-six (46) minutes
East, three hundred (300) feet to a point in the centerline of the Petersburg Road; thence by the centerline of the
Petersburg Road, South twenty-one degrees (21) thirty-three (33) minutes East, one hundred fifty (150) feet to the
place of BEGINNING.
STIPULATION AGAINST LIENS- 2-8-00.DOC