HomeMy WebLinkAbout08-2821"`
Stipulations Against Liens
owner
In the Court of Common Pleas County of
Cumberland
Pennsylvania
Docket Number 6 g'- ~- ~~ l `~ ~ Term 2008
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Whereas, McNaughton Homes ('Contractor") of 4400 Deer Path Road, Harrisburg, PA 17110 has entered into a contract
with Erik M. Hume and Karen L. H me ("Owner") of
r'i ~ 7/f for the erection or
construction of a SI GLE FAMILY DWELLING on the lot of ground known as 473 Adams Lane„ Lot 102, Good Hope
Farms South,Ph.Xlll, Township of Hampden, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of
which Erik M. Hume and Karen L. Hume is the title holder of record; and
Erik M. Hume and %aren L.
Hume
McNaughton Homes
Contractor
Page Number
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.
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 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 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.
Erik M. Hume, Owner
Karen L. Hume, Owner
~`
McNaughton Homes, Contractor
EXHISI~ "t~"
LEGAL DESCRIP~ON
GOOp COPE I'ARMS SOU'1')E1 I.O~' #102
ALL that certain piece, parcel yr lot of land, together with improvements, situated
in Hampden Toumship, Cumberland County, Pennsylvania, and bounded alid described as
follows:
BEGINNING at a point along the southeastern right-of--way line of Adam Lane, said
point being the northeastern comer of Lot #101; thence, along the eastern boundary line of Lot
No. 101, South 22 degrees 35 minutes 33 seconds East a distance of 94.68 feet to a point, being
the common southeastern corner of Lot 101 and the northwestern corner of Lot 100, then along
the eastern boundary line of Lot No. 100, South 50 degrees 42 minutes 09 seconds East a
distance of 53.58 feet to a point, being the southwest corner of Lot 104, then along the
northwestern boundary line of Lot 104, North 40 degrees 43 minutes 23 seconds East a distance
of 77.46 feet to a point, being the common northwest comer of Lot 104 and the southwestern
corner of Lot 103, then along the western boundary of T,ot 103, North 14 degrees 19 minutes 47
seconds Wcst a distance of l 00.00 feet to a point, being the southern right of way line of Adam
Lane, then along said right of way South 75 degrees 40 minutes l3 seconds West a distance of
66.12 feet to a point, then along said right of way on the arc of a circle curving to the left, having
a arc length of 43.63 feet, a radius of 125.00, to a point, being the Northestern corner of Lot 101,
the place of BEGINNIlVG.
This piece, parcel or lot of land contains approximately 12,293 square feet of land, and is known
and numbered as Lot No. 102 on the Final Subdivision Plan for Good Hope Farms South -Phase
XIII, which is zecorded in Cumberland County in Plan Book 92, Page 34.
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