Loading...
HomeMy WebLinkAbout07-4158r . Stipulations Against Liens Douglas J. Martin • In the Court of Common Pleas County of Cumberland Owner Hoffman's Custom Contracting, Inc. Docket Number G 7• cf 1 S~" rn 1. ~ Contractor Page Number Pennsylvania Term 2007 p Gl-~Q.QL : 1J1~ c~l'lL~.. ~ o~ ~J~~ Whereas, Tim Hoffman dlb/a Hoffman's Custom Contracting, Inc. ("Contractor") of 35 Chelsea Lane, Carlisle, PA 17013, has entered into a contract with Douglas J. Martin ("Owner") of 1511 Hemlock Avenue, Carlisle, PA 17013, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 6 Wellington Court, Carlisle, PA 17013Carlisle Borough, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Douglas J. Martin 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 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 Contractor, 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 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. s J. Marti Hoffman's Custom Con cting, Inc. r-- By: Ti o man Signed and sealed in the presence of: File No. S100-641 . • ,~ ALL THAT CERTAIN parcel of ground located in the Borough of Carlisle, Cumberland County, Pennsylvania, being Lot No. 6 of the Final Subdivision and Land Development Plan for Rock Field, LLC as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 86, Page 134, bounded and described as follows: BEGINNING at a point on the division line between Lot Nos. 6 and 5 of the mentioned Plan of Lots and on the right-of-way line of Wellington Court; thence North 15 degrees 40 minutes 13 seconds West a distance of 281.56 feet to a point; thence North 69 degrees 04 minutes 11 seconds East a distance of 256.22 feet to a point; thence South 07 degrees 45 minutes 52 seconds West a distance of 340.38 feet to a point; thence along Wellington Court on a curve having a radius of 430.00 feet, a length of 104.17 feet and a bearing of South 78 degrees 43 minutes 49 seconds West, 103.92 feet to a point; thence South 71 degrees 47 minutes 24 seconds West a distance of 16.18 feet to a point, the place of BEGINNING. ~ }l. ~ G C'~ +'~~ J W C.r V` ~ ~ w W l ~'' 1~ pk 11.1 e ~'? %% f j _., :'_ ..,/ N C".7 C°5 ^-~ ~..~ rA- dl C7 C.s ~'1 '~ ~7'j -,-, j-p- t' ""' -.~f .-'..y ~` `i ~;