HomeMy WebLinkAbout04-0302Stipulations Against Liens
FiFe Number 03-13323P
KARL R. THORN, JR. and
MICHELE L. THORN,
HUSBAND AND WIFE
CNC CONSTRUCTION
Owner
In the Court of Common Pleas County of
Cumberland
Docket Number ~a//- ~0~ Iq3~
Page Number
, Pennsylvania
Term 19
Whereas, on this 7th day of January, 2004, CNC CONSTRUCTION ('Contractor") of 5745 SPRING ROAD;
SHERMANSDALE PA 17090 has entered into a contract with KARL R. THORN, JR. and MICHELE L. THORN, HUSBAND
AND WIFE ("Owner") of 1305 ASPER DRIVE;BOILING SPRINGS, PA 17007 for the erection or construction of a SINGLE
FAMILY DWELLING upon the lot of ground known as DO,G,~,O,O~ BOLING SPRINGS PA 17007,, Monroe
Township, Cumberland, Pennsylvania described in Exhibit A herdpf, of which KARL R. THOR_N, JR. and MICHELE L.
THORN, HUSBAND AND WIFE is the title holder of record; and I ~-g.~E/9~_,,c,~' .,,,~
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 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.
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 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 look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done.
An(:]. 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 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 any one 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 afl 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 sence of:
MICHELE L ORN
tI=L~E L T~,~'
[~~i~ESIDENT
STIPULATION AGAINST LIENS- 2-8-00
File i~o. 03-13323PDLW
ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania bounded
and described in accordance with a plan prepared by Michael C. D'Angelo, R.S. and recorded in the Office of
the Recorder of Deeds for Cumberland County in Plan Book 39, Page 25.
BEGINNING at a point in western right-of-way line of Dogwood Terrace at intersection of southern right-of-
way line of Kuhn Road; thence along a curve to the right having a radius of 25.00 feet, an arc length of 45.87
feet on a chord beating of South 61 degrees 38 minutes 51 seconds East to a point; thence along Dogwood
Terrace South 09 degrees 05 minutes 00 seconds East, 250.00 feet to a point; thence along cul-de-sac of
Dogwood Terrace by a curve to the leR having a radius of 50.00 feet an arc distance of 39.55 feet on a chord
bearing of South 28 degrees 15 minutes 24 seconds West to a point; thence along Lot No. 261 North 84 degrees
24 minutes 11 seconds West 144.10 feet to a point; thence along Lot No. 259, North 45 degrees 01 minute 42
seconds West, 190.00 feet to a point at Kuhn Road; thence along Kuhn Road by a curve to the right having a
radius of 721.51 feet, an arc length of 262.15 feet on a chord bearing of North 55 degrees 22 minutes 45 seconds
East to a point; thence still along Kuhn Road North 65 degrees 47 minutes 20 seconds East, 7.81 feet to a point,
the place of BEGINNING.
STIPULATION AGAINST LIENS- 2-8-00