HomeMy WebLinkAbout06-7205
.' S!iPI~atroris Against Liens
DWAYNE DEIMLER
December 14, 2006
3Jn tbe QCourt of QCommon ~leas QCountp of
Cumberland
Owner
, Pennsylvania
DWAYNE DEIMLER HOMES
Docket Number ()fp -7805 M 1-1)
Term 20
Contractor
Page Number
Wbereas, DWAYNE DEIMLER HOMES ("Contractor") of Mechanicsburg, Pa, has entered into a contract with
DWAYNE DEIMLER ("Owner") of 300 Mulberry Drive, Mechanicsburg, PA 17050, for the erection or construction of a
SINGLE FAMILY DWELLING upon the lot of ground known as 1630 Holtz Road, Enola, PA 17025East Pennsboro
Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which DWAYNE DEIMLER 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.
~ow, m: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.
~nl) 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.
~nl), 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:
.......
~~
DWAYN DEIMLER
DWAYNE DEIMLER HOMES
BY~~
DWAYNE EIMLER
L-
.
~"
All that certain piece or parcel of land situate partially in East Pennsboro Township and partially in Hampden
Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point at the southwest corner of land now or late of Louis C. and Madeline M. Buckel; thence
northeastwardly along lands now or late of Louis C. and Madeline M. Buckel two hundred nine (209) feet to a
point; thence northwestwardly along lands now or late of Walter L. Shelly two hundred nine (209) feet to a point;
thence southwestwardly along lands now or late of Walter L. Shelly two hundred nine (209) feet to a point; thence
southeastwardly along lands now or late of Earl A. Hill and Mary E. Hill, his wife, and Clarence F. Heim and
Edna M. Heim, his wife, two hundred nine (209) feet to a point, the place of beginning.
Containing one (1) acre, more or less, in accordance with survey by Hartman & Assoc., Inc.
BEING THE SAME PREMISES which Edmund 1. Koppenhaver, single man by his Deed dated June 28, 2006
and recorded July II, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania
in Deed Book 275, page 2986, granted and conveyed unto Dwayne Deimler, Mortgagor herein.
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