HomeMy WebLinkAbout01-1296 FM
" ~ons Against Liens
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BRENTLY M. HICKS and
LINDA J. HICKS
1fn t!Je iIonrt of iIollllllon fllells iIountp of
Owner
Cumberland
Pennsylvania
Docket Number
~s;
Term 2001
Carlson Construction Company,
Inc.
.lI8J1u Bui'iW'f7f). IFte7
Page Number
Contractor
'WDereas, Carlson Construction Company, Inc. ('Contractor") of 1085 Country Club Road, Camp Hill, PA 17011 has
entered into a contract with BRENTL Y M. HICKS and LINDA J, HICKS ("Owner") of for the erec1ion or construction of a
SINGLE FAMILY DWELLING upon the lot of ground known as Lot 24 River Bend, East Pennsb.Qro Township, Enola, PA
17025,~ , Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which BRENTL Y M.. HICKS and LINDA J.
HICKS is the title holder of record; and
W!Jereas, 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 degts 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\:n, 'Ql:!Jis ~!Ireelllent Witnesset!J: That Contractor, for and in consideration of the contract.?foresaid and the
considerations mentioned thereunder, as well as the further consideration of One Dollar ($1,00) ~o 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 subcontra,ctors,
materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' liell 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,
~1l:tI this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be
effectl\le 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.
~lllI, 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 Corltractor, or of any
subcootractor 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
contaiCLed 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:
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STIPULATION AGAINST LIENS DOC
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FileNo. 01-167
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ALL THAT CERTAIN piece, parcel or lot of lands situate in East Pennsboro Township, Cumberland County, Pennsylvania;
designated as Unit No. 24 on the Preliminary/Final Subdivision Plan by Rettew Associates, for River Bend, A Planned connnunity
dated November IS, 1996, last amended January 7, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland
County on February 24, 1999, in Plan Book 78, page 75, and being designated as Unit No, 24 in a Declaration of River Bend, A
planned Connnunity, dated October 9, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in
Miscellaneous Book 591, page 477, being further bounded and described as follows, to wit:
BEGINNING at a point on the Northerly rigbt-of-way line of Halyard (a 40 foot wide public street), at a comer of Lot No. 23; thence
by said line, North 45 degrees 54 minutes 22 seconds East, a distance of 328,00 feet to a point on line of lands now or formerly of
Mickey C, Shuler and Susan G, Shuler; thence by said Shuler lands, South 07 degrees 59 minutes 39 seconds East, a distance of
237,60 feet to a point at a comer of Lot Number 25; thence by said Lot, South 66 degrees 44 minutes 09 seconds West, a distance of
2Z3.50 feet to a point on the Northerly right-of-way line of aforementioned Halyard; thence by said right-of-way line, by a line
curving to the left and having a radius of316.39 feet, an arc length of ll5 ,02 feet and a chord bearing of North 33 degrees 40 minutes
45 seconds West, a distance of 114.39 feet to a point, the Place of BEGINNING,
CONTAINING 43,678 square feet or 1.00 acres.
STIPULATION AGAINST L1ENS.DOC
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