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Stipulations ilgainat Limos
Greg L. McM>lZlen and Shawna
R McMullen, husband aqd wife
Owner
Jn the Court of Common Pleas County of
Cumberland
Pennsylvania
Charles Kelso
Contractor
Whereas, Charles Kelso ('Contrador°) of 148 Newvilie Road, Newburg, Pennsylvania 17240 has entered into a cerrh'att
with Greg L. McMulen and Shawna R. McMullen, husband and wife ("Owner's of for the erection or censtruction of a
SINGLE FAMILY DWELLING upCm the lot of ground (mown as Lot #16, Newville Road, Newburg, PA 17240, Hopewell
Township, Cumberland"County, PENNSYLVANIA described in Exhibit "A" hereof, of whidi Greg L. MdVlullemand
Shawna R. McMullen, husband and wife is the title holder of record; and
Whereas, it is the intention Of Owner and Contractor that neither said Id 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 sutx~ntrador for
labor or materials famished in the said erection or construction, and that the right of anyone to daim 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 censideration of One Dollar ($1.00) to it is hand paid by the
Owner at or before the seating and delivery of these presents, the receipt of which is hereby advtowledged, and
intending. to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all
subrwntradors, matenalmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or
daim or other lien or daim of any kind whatsoever shall be filed or mairrtained against the building, improvements, lot of
ground or any part hereof, or the cartilage or cartilages appurtenant thereto by anyone, and plat al! sutboontradors;
mat~ialmen and laborers shall look to and hold Contractor personally liable for all SubceMrads, materials fumfshed and
work and latxx done.
And this agreement, waiving the right of lien by anyone, shall be an independent cevenarrt and shall operate and be
effective with vespect to work done and materials famished under any supplementhl centred for,extra work in the
erection, censtnietion and completion of the building as well as to any work and labor done and materials famished under
the contract aforesaid.
And, in order to glue the Owner full power anr~ authority to protect Owner and the building, improvements and lot of
ground, against any and all daims filed by Contractor or anyone ailing under or through Contractor in violation of the
foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of arty Court of Common
Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as
attorney fa Contrsdor and in Contractor's name, mark satisfied of recerd at the rest and expense of the Contractor, or of
any sutt~rador or materialman, any and alt daims or daim, 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, improvemerrts, Id of
ground or any part thereof, and, for such ad or ads, this shall be good and suffident warrant and authority, and a
refetenca to the Court, Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the
authedty herein contained to warrant such action; and the Contractor does hereby remise, r~ease, and quit daim all
rights and atl irrannet of errors, defects and"imperfections whatsoever in entering such satisfaction of in arrywisetoudting
orcencerriing the-same.
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Witness our hand and seal the day and year aforesaid.
Docket Number ~~ - ,S'~e/~'jq /» ~~ Term 21101
Page Number
Signed and sealed in the presence of:
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Schedule "A"
ALL the following described real estate lying and being situate in 4iopewel!
Township, Cumberland County, Pennsylvania, bounded and limited as follows:
BEGINNING at a parker kalon nail set in the centerline of Pennsylvania
Route 641 at the line of lands now or formerly of Douglas K. Laughlin, et ux;
thence by lands now or formerly of Douglas K. Laughlin, et ux, North 38 degrees
07 minutes 59 seconds West, 487.44 feet to an existing iron pin at a cul de sac
located on a 50 foot private right of way; thence along the 50 foot private right
of way by a curve to the left having a radius of 50 feet by chord bearing North
22 degrees 24 minutes 10 seconds East, 49.34 feet to an existing iron pin;
thence continuing along the said 50 foot prvate right of way, North 52 degrees
48 minutes 43 seconds East, 260.00 feet to a set concrete monument located at
Lot #17 on the hereinafter said plan of lots; thence by said Lot #17 and
continuing along Lot #18, South 37 degrees 11 minutes 17 seconds East, 615.55
feet to a parker kalon nail in Pennsylvania Route 641; thence in Pennsylvania
Route 641, South 80 degrees 25 minutes 35 seconds West, 79.33 feet to a
parker kalon nail; thence continuing in Pennsylvania Route 641, South 69
degrees 18 minutes 54 seconds West, 233.85 feet to a parker kalon nail at the
place of BEGINNING.
CONTAINING an area of 3.8043 acres, more or less, and being designated
as Lat #16 on a subdivision plan entitled "Final Subdivision Plan for Richard
Gardner by John R. Kissinger, Surveying dated June 27, 1991 and recorded in
the Office of the Recorder of Deeds in Plan Book 65, Page 8.
BEING that same real estate that Richard M. Gardner and Mary G.
Gardner, husband and wife, by their deed dated and ihtended to be recorded
prior to the recording of this mortgage in the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania, conveyed to Greg L. McMuNen and
Shawna R. McMullen, husband and wife, Mortgagor herein.
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