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Charle;<;JJdf'alsh and Dale J.
Walsh, husband and wife
Jln tbe QCourt of QCommon ,tlleas QCountp of
Owner
Cumberland
-the. mcNQ ~~.J Co.
Hume Builders, Inc.
Contractor
Docket Number
g/8;;>-
, Pennsylvania
~ctX)
Term }J}
Page Number
Wbereas, The McNaughton Company ('Contractor") of 4400 Deer Path Road, Suite 201, Harrisburg, PA 17110 has
entered into a contract with Charles D. Walsh and Dale J. Walsh, husband and wife ("Owner") of for the erection or
construction of a SINGLE FAMilY DWELLING upon the lot of ground known as lot 74, Westbury Drive, Mechanicsburg,
PA 17055, Township of Hampden, ,Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which Charles D.
Walsh and Daie J. Walsh, husband and wife 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.
~obJ, UGbis ~greement 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 iook to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done.
~nlJ 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.
~nlJ, 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.
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STIPULATION AGAINST L1ENS.DOC
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File No. 00-270 .
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ALL that certain piece, parcel or lot of land situate in Hampden Township, Cwnberland County, Pennsylvania,
and bounded and described as follows: .
BEGINNING at a point on the Eastern right-of-way line of Westbury Drive (50.00 feet wide), said point being
located at the Southwestern corner of Lot No. 73; then along the Southern boundary line of Lot No. 73, North
82 degrees 37 minutes 38 seconds East, for a distance of 140.00 feet, to a point in line with designated Common
Open Space; then along said Common Open Space, South 07 degrees 22 minutes 22 seconds East, for a distance
of 134.16 feet, and through a 20.00 foot wide drainage easement, to a point at the Northeastern corner of Lot
No. 75; than along the Northern boundary line of Lot No. 75, and along the centerline of said 20.00 foot wide
drainage easement, North 81 degrees 47 minutes 45 seconds West, for a distance of 121.29 feet, to a point on
the Eastern right-of-way line of Westbury Drive (50.00 feet wide); then along said right-of-way line and through
said 20.00 foot wide drainage easement, on the arc of a circle curving to the left having a radius of 50.00 feet, an
arc length of 55.65 feet, to a point on the arc of a circle curving to the right having a radius of25.00 feet, an arc
length of21.03 feet, to a point; then North 07 degrees 22 minutes 22 seconds West, for a distance of32,26 feet,
to a point and the place of BEGINNING.
This piece or parcel or lot of land consists of approximately 15,009.53 square feet of land, and is known and
nwnbered as Lot No. 74 on the Final Subdivision Plan for Westbury-Phase V, which is recorded in Cwnberland
County in Plan Book 77, Page 97.
STIPULATION AGAINST lIENS.DOC
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