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Home My WebLink About06-6847 .. , Michael A. Peters, a single man Owner Stipulations Against Liens 3l'n tbe QCourt of <<::ommon ~Ieas <<::ountp of Franklin , Pennsylvania Docket Number 0 {, - (, f tt 7 /VI ^ () Term 2004 Alleman Construction Page Number Contractor 'Wbereas, Alleman Construction ('Contractor") of 1141 Three Square Hollow Road, Newburg, Pennsylvania 17240 has entered into a contract with Michael A. Peters, a single man ("Owner") of 3464 Gleneagles Drive, Chambersburg, Pennsylvania 17201 for the erection or construction of a MULTIPLE FAMILY DWELLING upon the lot of ground known as 228-230 High Street, Shippensburg, Pennsylvania 17257, Shippensburg borough, Franklin County, PENNSYLVANIA described in Exhibit "A" hereof, of which Michael A. Peters, a single man is the title holder of record; and 'Wbereas, 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. ~ob:J, ~bis ~lJreement 'Witnessetb: 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 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 hand and seal the day and year aforesaid. Signed and sealed in the presence of: CP,/JMm (fq ~ auv iv bttL ~~~ Michael A. Peters ~~ 7?!1:-on II -17-06 ,.. r File No. CTA0726 ALL following described two (2) tracts of real estate, lying and being situate in Shippensburg Township, Cumberland County, Commonwealth of Pennsylvania, bounded and limited as follows: TRACT NO.1: BEGINNING at an iron pin on the Southwesterly side of High Street at the dividing line between Lot No.5 and Lot No.4 of the subdivision of land hereafter referred to; thence along Lot No.4, South 47 degrees 40 minutes West, 100 feet to an iron pin at line of other land of the West End Land Company; thence with the same, North 42 degrees 20 minutes West, 100.10 feet to line of Lot No.6; thence along the division line between Lot No.5 and Lot No.6 and through the party wall of a 2 story frame dwelling, North 47 degrees 40 minutes 00 seconds East, 100.00 feet to a set iron pin on the southwesterly side of High Street; thence along High Street, South 42 degrees 20 minutes East, 100.10 feet to an iron pin on the Southwesterly side of High Street, the first mentioned point and place of beginning. BEING Lot No. 5 as is shown on a Subdivision of Land situate in the Borough of Shippensburg and Shippensburg Township, Cumberland County, Pennsylvania for West End Land Company prepared by William A. Brindle Associates, dated August 1, 1974 and revised October 21, 1974 and November 19, 1974. Said subdivision of land, together with all required approvals noted thereon, is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 28, Page 76. TRACT NO.2: BEGINNING at an iron pin on the Southwesterly side of High Street at dividing line between Lot No. 5 and Lot No. 6 of the subdivision of land hereafter referred to; thence along the division line between Lot No.5 and Lot No.6 and through a party wall of a 2 story frame dwelling, South 47 degrees 40 minutes 00 seconds West 100.00 feet to a set iron pin at land now or formerly of West End Land Company; thence along land now or formerly of West End Land Company, North 42 degrees 20 minutes 00 seconds West, 103.29 feet to a set spike at line of a 14-foot public alley; thence with the same, North 53 degrees 01 minute 50 seconds East, 83.77 feet to a spike on the southwesterly side of High Street; thence with the same by a curve to the right having a radius of 137.80 feet, a distance of68.32 feet to an iron pin; thence continuing with the same, South 42 degrees 20 minutes 00 seconds East, 29.90 feet to an iron pin at the point and place of beginning. BEING Lot No. 6 as is shown on a Subdivision of Land situate in the Borough of Shippensburg and Shippensburg Township, Cumberland County, Pennsylvania for West End Land Company prepared by William A. Brindle Associates, dated August 1, 1974 and revised October 21, 1974 and November 19, 1974. Said subdivision of land, together with all required approvals noted thereon, is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 28, Page 76. ~ ...... ~ " C> ...... -- ~ '\" ~ - .... ~ ~ "" "- ~ g ~ :-. ~ ~ (') c ~ "U (-q /T1 (;" ~+-r zf'~ r ......} .,.~ .~.. c:: ):> '-', 2"~ i~'\ j> c:.':' ~ =< '" <:::) <:::::>> Q" :z: o < N \D ~ ~.~ ~~ :J:::i:J Qo "-m ~ )> ~ -0 :x w .. Ul W