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HomeMy WebLinkAbout06-6826 '" - Stipulations Against Liens Brian S. Kalb and Ingrid M. Kalb 3Jn tbe QCourt of ~ommon ~lea~ ~ountp of Cumberland , Pennsylvania Owner Thomas Mathna Construction Docket Number a" - t.P,21- Mil) Term 2006 Contractor Page Number Wberea~, Thomas Mathna Construction ("Contractor") of 11M ~::nn~ Sh:=b>~(T~1 has entered into a contract with Brian S. Kalb and Ingrid M. Kalb ("Owner") of 105 Firehouse ~oad, ewburg. ?240, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 105 Firehouse Road, Newburg, PA 17240Newburg Borough. Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Brian S. Kalb and Ingrid M. Kalb 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. Jio\u, 'QCbi~ \!Igreement Witne~~ttb: 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. \!Inb 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. \!Inb, 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: J..~hd.. {JQy err I\Jcv~fnb~ Y1 ~OOlJ '. ~(}J~ ~-:A$ B~lb 'dft ,;f tJ7 t4 In. grid M.." . .~~~.'.. /'1" / A . ..'/ yo'" ./".~" ) .".......h. ../. ;/ .. v'~ ThO~S ~S etl ..' ;;f ' W'~;~6>mCL~ rv1~ 11+u. : bw~ 1:J ~ t \ )v ~ f' ~ ~ ~ D' ~ ~ t> C> ~ -v b ~ ~ f(r (Il ~ t:: f t r ~. 0 ~ = ~ c = ~ c:t' "'Urn :z ~:o ~~I: <::) ...:: ~~ ZC N ~e\' \D r:"C' < -' :r.: -r; ~- ;coo 2:8 :x o~ .z 5>c v;:) ~ ~ co ~ ".". .,.. LEGAL DESCRIPTION ALL that certain tract of land in the Borough of Newburg, Cumberland County, Pennsylvania: BEGINNING at an existing railroad spike in the center line of an unnamed alley, which spike is 176.50 feet East of Legislative Route 21044; thence by lands now or formerly of Glen A. Wenger, Jr. and Patricia A. Wenger, his wife, North 02 degrees 57 minutes 40 seconds West, a distance of 467.01 feet to an existing iron pin; thence by lands now or formerly of Abram L. Byers and Dorothy E. Byers, his wife, South 67 degrees 23 minutes 10 seconds East, a distance of 104.40 feet to an iron pin; thence by lands now or formerly of The Newburg- Hopewell Volunteer Fire Company, South 03 degrees 18 minutes 40 seconds East, a distance of 401.72 feet to a railroad spike; thence along the center line of the unnamed alley, South 75 degrees 12 minutes 40 seconds West, a distance of 98.72 feet to a point, the place of beginning. CONTAINING 41,421 square feet. Description being pursuant to a survey prepared by Carl D. Bert, Registered Surveyor, dated September, 1973, and recorded in Cumberland County Right-of-Way Plan Book 8, at Page 28.