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HomeMy WebLinkAbout02-3810Stipulations Against Liens Matthew Z Elliott and Vanessa L. Wagner Haubert Homes In the Court of Common Pleas County of Cumberland Docket Number Page Number Pennsylvania Term 2002 Whereas, Haubert Homes ('Contractor") of HCR 63, Box 46, Miffiintown, PA 17059 has entered into a contract with Matthew T. Elliott and Vanessa L. Wagner ("Owner") of 397 Carolle Street, Greencastle, Pennsylvania for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lo~14, Newville Road, Shippensburg, PA 17257, Southampton Township-Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Matthew T. Elliott and Vanessa L Wagner 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 ail 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. /~_d 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 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 Court1 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: Matt~b~v T. E[¥~t~, Van~ss~a L. Wagner HAUBERT HOMES EXHIBIT "A" ALL that certain lot of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and situate as follows: BEGINNING at a railroad spike set in PA. Route 533 (Newville Road) at line of Lot 13 on the hereinafter said draft of survey; thence along Lot No. 14, North 53 degrees 18 minutes 06 seconds West 357.80 feet to an iron pin at line of land now or formerly of Gary D. Cooley, et ux; thence along lands now or formerly of Gary D. Cooley, et ux, North 36 degrees 29 minutes 09 seconds East 162.63 feet to an iron pin at line of lands now or formerly of Lot No. 15; thence along said Lot No. 15, South 53 degrees 16 minutes 52 seconds East 357.80 feet to a railroad spike in Pa. Route 533 (Newville Road), South 36 degrees 29 minutes 08 seconds West 162.50 feet to the place of beginning. Containing 1.3353 acres, more or less, according to the draft of survey of John R. Kissinger, dated October 23, 1991 and recorded in the Office of the Recorder of Deeds in Plan Book 65 at Page 20C. Being Lot No. 14 thereon. THE ABOVE DESCRIBED REAL ESTATE is the same which Gary D. Cooley and Carma L. Cooley, husband and wife by deed dated July 25, 2002 and intended to be recorded immediately prior to the recording of this instrument in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania conveyed unto Matthew T. Elliott and Vanessa L. Wagner, the Mortgagors herein.