HomeMy WebLinkAbout09-3036f
Stipulations Against Liens
James P. Price and Elaine L.
Price, husband and wife
R-M Kitchens
In the Court of Common Pleas County of Cumberland
Owner
, Pennsylvania
Docket Number O ? - 30 3 6 M L-D Term 2009
Page Number
Contractor
Whereas, R-M Kitchens ('Contractor") of 2035 Horseshoe Pike, Annville, PA 17003 has enter into a contract with
U-C5,,A _ Ili 11-4
James P. Price and Elaine L. Price, husband and wife ("Owner") of t
for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 1536 Fox H Ilow
Circle, Mechanicsburg, PA 17055, Lower Allen Township, Cumberland County, PENNSYLVANIA described in Exhibit "A"
hereof, of which James P. Price and Elaine L. Price, husband and wife 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 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 flied 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.
Signed seal Lithe presence of: la??p L. P174
1 5 V o 1 I?Irvyvlklo
O &Jcu'l 0-46 P-44 .W Ivr. James P Price, Owner
File No. H33-782
ALL THAT CERTAIN piece or parcel of land situate in the township of Lower Allen, County of Cumberland,
Commonwealth of Pennsylvania, being Lot No. 23 of a Final Subdivision Plan of Phase 2 of High Meadow, prepared for
Richard P. and Joan M. Eldredge by Levan, Inc., a Professional Engineer, on December 15, 1978, and recorded in
Cumberland County Courthouse in Plan Book 34, page 74, more particularly bounded and described as follows:
BEGINNING at a point on the western line of Fox Hollow Circle at the dividing line between Lot No. 23 and No. 24, as
shown on the hereinafter mentioned plan of lots; thence along the western line of Fox Hollow Circle by a curve to the
right having a radius of 125.00 feet, an arc length of 41.93 feet to a point; thence continuing along Fox Hollow Circle, S.
03° 25' 00" E., a distance of 92.0 feet to a point; thence still continuing along Fox Hollow Circle by a curve to the left
having a radius of 50.00 feet, an arc length of 22.98 feet to a point at the dividing line between Lot No. 22 and No. 23;
thence along the last mentioned dividing line, S. 60° 15' 00" W., a distance of 195.08 feet to a point on the eastern line of
Lot No. 25; thence along the eastern line of Lot No. 25, N. 22° 38' 10" W., a distance of 174.83 feet to a point at the
dividing line between Lot No. 23 and No. 24; thence along the last mentioned dividing line N. 67° 21' 50" E., a distance
of 233.23 feet to a point on the western line of Fox Hollow Circle, said point being the place of BEGINNING.
CONTAINING 34,586.64 square feet, more or less.
BEING known as and numbered 1536 Fox Hollow Circle, Mechanicsburg, PA 17055.
!'
Fi ED -Of FIC E
2009 MAY 13 Aid 10: 5 3
C?3Pv "y
PtE- Y ? f f ? t?,hi
vb?? CQµ??ti•47
cjA# 3 .3 Sd Y
2 #, ., ?- ?-v--3
it y6 d
ff -msb ? rt ??, zdCd
?3 9 -r/,6 - Is"Cc