HomeMy WebLinkAbout04-1460Stipulations Against Liens
MICHAEL P. KELLY and
BREN~qA M. KELLY,
HUSB.4ND .4ND WIFE
Wheatland Custom Homes
Contractor
33Tt t!le Court o( ~otamon ~(ea~ ~ouTtt~ af
Cumberland
Docket Number
Page Number
, Pennsylvania
Term 2004
~D~erea~, Wheatland Custom Homes ('Contractor") of 447 Granite Run Drive, Lancaster, PA 17601 has entered into a
contract with MICHAEL P. KELLY and BRENDA M. KELLY, HUSBAND AND WIFE ("Owner") of for the erection or
construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 12 VICKSBURG COURT, SILVER
SPRING TOWNSHIP, Mechanicsburg, PA 17050,,, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of
which MICHAEL P. KELLY and BRENDA M KELLY, HUSBAND AND WIFE is the title holder of record; and
~/D~erea~, 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.
RoW, '~i~; ~[greemeltt ~itnes~et~: 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.
~[Ub 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.
~[ilb, 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.
Signed and sealed in the presence of:
STIPULATION AGAINST LIENS.DOC
File No. 04-172
ALL THAT 'CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the southern fight of way line of the cul-de-sac of Vicksburg Court, at the northwest
comer of Lot No. 30 on the hereinafter described Final Subdivision Plan; THENCE along the western line of
said Lot No. 30, South 20 degrees 08 minutes 08 seconds West, a distance of 212.99 feet to a point on the
northern line of Lot No. 40 of Hillside Farms, Phase I; THENCE along the northern line of said Lot No. 40 and
continuing along the northern line of Lot No. 41 of Hillside Farms, Phase I, North 51 degrees 52 minutes 05
seconds West, a distance of 350.11 feet to a point at the southernmost comer of Lot No. 28 on the hereinafter
described Final Subdivision Plan; THENCE along the southern line of said Lot No. 28, North 79 degrees 10
minutes 02 seconds East, a distance of 293.33 feet to a point at the southern right of way line of the cul-de-sac
of Vicksburg Court; THENCE along the southern right of way line of the cul-de-sac of Vicksburg Court by a
curve to the left having a radius of 95.00 feet, an arc length of 97.88 feet to a point at the northwest comer of
Lot No. 30 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING.
CONTAINING 46,627.00 square feet, more or less.
BEiNG Lot No. 29, Final Subdivision Plan for Hillside Farms - Phase II, dated September 17, 1998, last
revised June 23, 2000, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 81,
Page 67.
UNDER AND SUBJECT to the Second Amendment and Supplement to Declaration of Covenants and
Restrictions applicable to Hillside Farms, dated June 29, 2000, recorded in the Office of the Recorder of Deeds
of Cumberland County, in Misc. Book 648, Page 702, pursuant to which the Declaration of Covenants and
Restrictions applicable to Hillside Farms, dated August 30, 1996, recorded in the Office of the Recorder of
Deeds of Cumberland County, in Miscellaneous Book 529, Page 333, and the Bylaws of Hillside Farms
Homeowners Association, Inc. dated August 30, 1996, recorded in the Office of the Recorder of Deeds of
Cumberland County in Miscellaneous Book 529, Page 354, were made applicable to the real estate within the
above referenced Final Subdivision Plan.
AND FURTHER UNDER AND SUBJECT to a twenty (20) foot wide drainage easement across the southern
and eastern portions of the premises, and to a wetland / conservation easement across the western and
southwestern portions of the premises, and containing areas of delineated wetlands within said conservation
easements, as shown on the above-referenced Final Subdivision Plan.
STIPULATION AGAINST LIENS.DOC