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HomeMy WebLinkAbout02-2387Stipulations Against Liens John P. Shannon and Yvonne R. Shannon, his wife Owner ALLEMAN CONSTRUCTION' In the Court of Common Pleas County of Cumberland , Pennsylvania Docket Number ~,~_ ~.~::~? /'9~1~ Term2002 Page Number Whereas, Contractor ALLEMAN CONTSTRUCTION ('Contractor") of 1141 3 Square Hollow Road, Newburg, PA 17240 has entered into a contract with John P. Shannon and Yvonne R. Shannon, his wife ("Owner") of 2 Archery Lane, Newburg, PA 17240 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 2 Archery Lane, Newburg, PA 17240, Upper Mifflin township, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which John P. Shannon and Yvonne R. Shannon, his 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 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. /rY]~ y /o, 200 7_.. Sign.eda~dsealedinthepresenceof:~_,~ ~?/')' ~ p.~~ ~ ~ , ~'-~ n ! I 9elan · S,haxnnon ,,~ File No. FTA6826 All that certain lOt or piece of ground situate in the Upper Mifflin township, Cumberland County and State of Peimsylvania, bounded and limited as follows: BEGINNING at a point in centerline of Mountain Road at point of private righ}-of'-waY for Lot No. 16; thence along private right-of-way, North 29 degrees 57 minutes 00 seconlds West 41.0,51 feet to a point; thence along Lot No. 16, North 60 degrees 03 ~ninutes 00 seconds East 281.84 fee[ to a point; thence along Lot No. 18, South 28 degrees 45 nfinutes 30 secorids East 265.19 feet to a point; thence still.along Lot No. 18, South 03 degrees 06 minutes 55 i'seconds West 136.75 feet to a point in ceaterline of Mountain Road; thence along centerline of Mountain Road by a curve to the left having a radius of' 805.00 feet and an arc distance of' 168.54 feet to a point; thence Still along centerline of Mountain Road,, South 48 degrees 32 minutes 20 iseconds West 76.69 feet to a point, the Place of BEGINNING. CONTAINING 2;.385. acres and designated as Lot No. 17, Phase 2~ of Mountain View Orchard. Being the same premises which Harry H. Fox, Jr. and Ann O. Fox, his wife and John H. fox and Cinda L. Fox, Iris .wife, by deed dated June 25, 1994, and recorded July 14, 1994, in and for Cumberland County, in the Office of the Recorder of Deeds, in Deed Book 108, Page 466, granted and conveyed unto John P. Shannon and Yvonne R. Shannon, his wife.