HomeMy WebLinkAbout07-0114
t Stip"-ions Against Liens
.
S & S Dream Builders, LLC.
In the Court of Common Pleas County of
Cumberland
Owner
, Pennsylvania
s "" S b (€.OJY\ '\?)...i \ dU-S, LLL-
Docket Number D7- II~ MID
Term 20
Contractor
Page Number
Whereas, S 6S lY&A.m ~\dQ(.5 u..~contractor") of ,gO) TwoT\.u't\ ~ . , has entered into a contract
with S & S Dream Builders, LLC. ("Owner") of 1800 Two Turn Road, Shippensburg, PA 17257, for the erection or
construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 83 Timberland Estates, Shippensburg,
PA 17257Southampton Township, Shippensburg, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of
which S & S Dream Builders, LLC. 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 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.
1/5/ 07
Signed and sealed in the presence of:
~~ ~~ ~
S & S Dream Builde ,LLC.
~ Fil&+fo.06-1966
~
ALL THAT CERTAIN lot or piece of ground situate in Southampton Township, County of Cumberland, Commonwealth of
Pennsylvania.
BEGINNING at a point on the Eastern side of the terminus of a cul-de-sac of Red Hawk Drive as shown on a plan of lots
hereinafter referred to; thence along said public road, North 13 degrees 28 minutes 17 seconds East, 36.82 feet to a point;
thence along same on a curve to the right, said curve having a radius of 125 feet, an arc length of 36.50 feet and bearing
North 21 degrees 50 minutes 09 seconds East to a point; thence continuing along same, North 30 degrees 12 minutes 02
seconds East, 22.17 feet to a point; thence continuing along Red Hawk Drive where it intersects Baltimore Road (S. R
3001), a 60 foot wide street, on a curve to the right, said curve having a radius of 35 feet, an arc length of 57.88 feet and
bearing North 77 degrees 34 minutes 27 seconds East to a point on the Southern side of the aforementioned Baltimore
Road (S,R 3001); thence across said public road, North 37 degrees 12 minutes 02 seconds East, 29.19 feet to a point in
said public road, thence through same, South 52 degrees 47 minutes 58 seconds East, 33.05 feet to an existing railroad
spike in said Baltimore Road (S.R 3001); thence across said public road and through a concrete monument to be placed
on line, South 13 degrees 28 minutes 17 seconds West, 129.94 feet to a point at corner of Lot No. 84 on said plan; thence
by said Lot No. 84, South 76 degrees 31 minutes 43 seconds East, 100 feet to a point on the Eastern side of the terminus
of a cul-de-sac of Red Hawk Drive, being the place of beginning.
BEING Lot No. 83 and Containing 11,793 square feet as per survey entitled "Subdivision Plan - Timberland Estates-
Phase 1, Southampton Township, Cumberland County, Pennsylvania", prepared by Martin and Martin, Incorporated, dated
July 28, 2005, with revision, which, together with the necessary municipal approvals, is recorded in the Office of the
Recorder of Deeds of Cumberland County, PA, in Plan Book Volume 92, Page 71.
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