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HomeMy WebLinkAbout09-0056 Stipulations Against Liens Jeffrey D. Gettle and Jill A. McKeehan-Gettle ~{~~ ~a-a3~~+ o8a DECEMBER 31, 2008 ~1n tlje court of ~ommou ~[ea~ tlCouutp of Cumberland Pennsylvania Owner Home Designs Unlimited, LLC Docket Number ~~-~ CJ ~( Yh t! (~ Contractor Page Number Term 20Q ~~jerea~, Home Designs Unlimited, LLC ("Contractor") of PO Box 387 New Kingston, Pa 17072, has entered into a contract with Jeffrey D. Gettle and Jill A. McKeehan-Gettle ("Owner") of C~ti,,~'l~. .~Qn ,for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #140 Westgate Drive, Mount Holly Springs, PA 17065South Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Jeffrey D. Gettle and Jill A. McKeehan-Gettle are the title holder of record; and ~ijereas, 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. ,hobo, ~Gfji~ agreement ~itue~~etij: 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. ~nD 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. ~tt0, 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 hands and seals the day and vear aforesaid. Jeff y . G le Jill A. Keehan-Gettle Home D igns Unlimited, LLC BY David R. Thompson ~ ~r File No. 29656GETTLE ALL THAT CERTAIN lot or piece of ground situate in South Middleton Township, County of Cumberland, Commonwealth of Pennsylvania bounded and described as follows to wit: BEGINNING at a point on the northern right-of-way line of Westgate Drive (a fifty foot right-of-way), at the terminus of a curve, connecting said right-of-way line with the eastern right-of-way line of White Oak Circle (a fifty foot right-of-way); thence from said point of Beginning by a curve to the right, having a radius of twenty-five feet (R=25.00, an arc length of thirty-three and eighty-two hundredths feet (A/L=33.82 to a point, thence by the eastern right-of-way line of White Oak Circle, North twenty-four degrees, zero minutes, zero seconds West (N 24° 00' 00" VV), a distance of forty-four and four hundredths feet (44.04') to a point; thence continuing by the eastern right-of-way line of White Oak Circle, by a curve to the left, having a radius of two hundred twenty-five feet (R=225.00'), an arc length of twenty and twenty-nine hundredths feet (A/L=20.29 to a point; thence by Lot No. 139 of Phase VII Westgate Development, North sixty degrees, fifty minutes, zero seconds East (N 60° 50' 00" E), a distance of one hundred forty-six and thirty-three hundredths feet (146.33') to a point; thence by Lot No. 141 of Phase V Westgate Development, South eleven degrees, thirty minutes, zero seconds East (S 11° 30' 00" E), a distance of one hundred twenty-six and fifty-seven hundredths feet (126.57 to a point on the northern right-of-way line of Westgate Drive; thence by the northern right-of-way line of Westgate Drive, South seventy-eight degrees, thirty minutes zero seconds West (S 78° 30' 00" N~, a distance of one hundred and twenty-one hundredths feet (100.21') to a point, the place of BEGINNING. CONTAINING 13,653.57 sq ft or 0.4134 acres. BEING Lot No. 140 of the Final Subdivision Plan of Westgate Development, Phase 5 recorded in Plan Book 94-59. ~~ ~, JJ ~ ~ _ 'lJV ~\a ~ ~~ \ ,- ~ , > t. / \l \. \~ 1 ~.~ u:a ~.r7 C._._ `` ~. 0 -~.t ~~ ~~ ::~ __~ --1 ~.., t`i"~ T ~ , ~_ 6~~ 6'