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HomeMy WebLinkAbout02-3719Stipula{ior, s Against Liens Keena W. Golden and Michele A. Golden, husband and wife Owner P. Edward Mullin Builder Contractor t~n toe (~eurt of ~;ommon ~Iea~ Count~ of Cumberland Docket Number o ~. 3 7/0 ~ ~. 0 Page Number , Pennsylvania Term 2002 :]~ereas, P. Edward Mullin Builder ('Contractor") of Newville, PA has entered into a contract with Keena W. Golden and Michele A. Golden, husband and wife ("Owner") for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 2930 Ritner Highway, Carlisle, PA 17013, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Keena W. Golden and Michele A. Golden, husband and wife is the title holder of record; and ~ereaS, 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. _~o~., ~!~i~ ~[IZreem*nt t~itne~et~: 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. ~n~ 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. ~[n~, 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. Signed and sealed in the presence of: W. Golden/~ . Miche~ A. Gelden ~'; - . /.- P, Edward Mullin Builde~ ~ NOTARIAL S EA~-'~ I HA~CHELLE R. SCHREIBER, Nmary PublicJ J ,S, us..quehanna 7Wp., Dauphin County ~_ My Corrlmission Expires Mar, 5, 2005 File No. 02-360KS ALL that certain tract of land, with improvements thereon, situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the centerline of U.S. Route 11, at the dividing line between Lots Nos. 2 and 3, in the hereinafter mentioned Plan of Lots; thence along said centerline, North sixty (60) degrees zero (00) minutes zero (00) seconds East, two hundred and zero hundredths (200.00) feet to a spike; thence along lands now or formerly of Fred B. Chestnut, South twenty-eight (28) degrees twenty-one (21) minutes thirty (30) seconds West, four hundred fifty-four and thirty-two hundredths (454.32) feet to an iron pin; thence along same South sixty-four (64) degrees seventeen (176) minutes thirty-four (34) seconds West, two hundred and zero hundredths (200.00) feet to an iron pin; thence along the dividing lines between Lots Nos. 2 and 3 aforesaid, North twenty- eight (28) degrees twenty-two (22) minutes thirty-eight (38) seconds West, four hundred thirty-nine and thirty- four hundredths (439.34) feet to a spike in the centerline of U.S. Route 11, the place of Beginning Containing 1.935 acres. BEING further described as Lot No. 3 of Subdivision Plan of Fred B. Chestnut as recorded in Cumberland County Plan Book 37, at Page 122. TSS260-00073