HomeMy WebLinkAbout07-4073..~ ~
Stipulations Against Liens
Robert T. Scholly and Brenda R.
Scholly
Owner
Harry S. Claypool, III
In the Court of Common Pleas County of
Cumberland
Docket Number 07- h~0'13 MLA
Contractor
Page Number
Pennsylvania
Term 2007
Whereas, Harry S. Claypool, III ("Contractor") of Carlisle, Pennsylvania, has entered into a contract with Robert T.
Scholly and Brenda R. Scholly ("Owner") of 113 Pearl Drive, Carlisle, PA 17013, for the erection or construction of a
SINGLE FAMILY DWELLING upon the lot of ground known as Lot 126 Pine Creek Drive, Carlisle, PA 17013, North
Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Robert T. Scholly and
Brenda R. Scholly are 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 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 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.
And 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 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, any and all claims or claim, liens or lien, filed by or for
the Contractor, or in the name of the Contractor 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 hands and seals the day and year aforesaid.
Signed and sealed in the presence of:
~T ~-(-~ ~Q_.
Robert T. Scholly
Brenda R. Scholly ~
Harry S. laypool, III
File N~. S100-650
.,_
ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, designated as
Lot No. 126 on the Final Subdivision Plan for Phase E of the Village of Cross Creek dated June 10, 2005 and recorded in
the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 91, Page 98, more particularly bounded
and described as follows:
BEGINNING at a point on the southern right-of-way line of Pine Creek Drive, said point being the northeastern corner of
Lot 125; thence, along the southern right-of-way line of Pine Creek Drive, South 86 degrees 35 minutes 43 seconds East a
distance of 72.89 feet to a point; thence, by same by a curve to the right having a radius of 225.00 feet, an arc length of
40.07 feet and a chord bearing of South 81 degrees 29 minutes 36 seconds East a distance of 40.02 feet to a point;
thence, along Lot 127, South 13 degrees 36 minutes 31 seconds West a distance of 171.47 feet to a point; thence, along
other land of The Village of Cross Creek, North 75 degrees 54 minutes 38 seconds West a distance of 83.83 feet to a
point; thence, along Lot 125, North 03 degrees 24 minutes 17 seconds East a distance of 156.77 feet to a point, the place
of BEGINNING.
CONTAINING: 16,178 square feet (0.37 acre).
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