HomeMy WebLinkAbout09-5035
Stipulations Against Liens
Dusty L. Motter
3fn the (court of'1Common Pico (County of
Cumberland
, Pennsylvania
Owner
LP
Fine Line Homes, IXM
Docket Number
Term 2009
Contractor Page Number
,ba d.: r7 1as10 a
PA 17111, has entered into a
Vbereo5, Fine Line Homes, Inc. ("Contractor") of 7300 Derry Street, PA 7257'for the erection or construction
contract with Dusty L. Molter ("Owner") of 211 Firehouse Road, Shippensburg, 172
7South of a SINGLE FAMILY DWELLING upon the lot of giaueescr'bed nsExhibitir'A" he eof?ofwhhchpDustyu 9 M otter s5the title
Newton Township, Cumberland County, Pennsy ,
holder of record; and ere V1)erea,4, it is the intention of Owner dfor Contractor that neither said lot of debts due Owner to Contractor or?by Contractor torany subcont acct dr
or to be erected thereon shall be subject to a len
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. aforesaid
and
the ,Row, 913io z{f{reement Vitne%getFj: That Contractor, of One Dollar ($1h00) to it in ha n paid by the
considerations mentioned thereunder, as well as the further consideration hereb
and
acknowled
and ag receipt of which
intending Owner at or before the sealing and eb prese
romints, the
for Contractor and any and gedll sub ontrac ors,
to be legally bound hereby, does hereby covenant, plien materialmen, laborers and parties acting filefor, d through or under
building, no mechanics' improvements, lot of lgoundoothe r any part
maintained Contractor,
claim of any kind whatsoever shall be
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. t an
e and gnb this agreement, waiving the right of lien by anyone, shall n' contras t fodr extraopera
work t in the
be effective with respect to work done and materials furnished under any supplemental
erection, construction and completion of the building as well as to any work and labor done and materials furnished under
the contract aforesaid.
Rnb, 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 orney
Coturts of Com oCourt n Pleas asmatttorney for
mon Pleas foregoing covenant, Contractor hereby ia irrevocably ppear for Contractor in any of the said
of the Commonwealth of Pennsylvanvan pp
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
a reference d the Court,
thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and
Term and Number in which this instrument shall have been filed shall be a sufficient lease, and quit xhibiit o he and thority herein all contained to warrant such action, and the Contractor does hereby remise, release, 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 year aforesaid.
Signed and sealed in the presence of:
YQ
*L/oe Fin
e Line Homes, . LP
File No. PA2009-163
ALL the following described real estate lying and being situate in South Newton Township, Cumberland County,
Pennsylvania, bounded and limited as follows:
BEGINNING at a set rebar in an existing gravel lane known as Motter Drive along Lot 2 as shown on the
North 39
subdivision plan hereinafter referred to; thence in said existing gravel lane known as Molter Drive,
degrees 37 minutes 24 seconds East, 382.22 feet to a set rebar at a corner of Lot 1 on the subdivision plan
hereinafter referred to; thence along Lot 1, South 48 degrees 47 minutes 01 second East, 140.07 feet to a
set rebar; thence along the same, North 41 degrees 12 minutes 59 seconds East, 179.73 feet to a set rebar;
thence continuing along the same, South 68 degrees 04 minutes 47 seconds East, 72.78 feet to a set rebar;
thence continuing along the same, North 44 degrees 30 minutes 44 seconds East, 533.77 feet to a set rebar
along lands now or formerly of Gregory G. & Carol A. Wellington; thence along lands now or formerly of
Gregory G. & Carol A. Wellington and lands now or formerly of John E. & Janet F. Nimmon , South 28
degrees 30 minutes 01 seconds East, 546.84 feet to an existing corner fence post along lands now or
formerly of Daniel M. & Eria N. Zimmerman; thence along lands now or formerly of Daniel M. & Eria N.
Zimmerman, South 58 degrees 34 minutes 44 seconds West, 775.79 feet to a set rebar in tree stump at a
corner of lands now or formerly of Wilson N. & Ruth S. Reiff; thence along lands now or formerly of Wilson
N. & Ruth S. Reiff, South 46 degrees 51 minutes 36 seconds West, 169.35 feet to a set concrete monument
at a corner of Lot 2 on the subdivision plan hereinafter referred to; thence along Lot 2, North 51 degrees 07
minutes 34 seconds West, 494.01 feet to a set rebar at a corner of Lot 2, the place of BEGINNING.
CONTAINING 11.6197 acres AND BEING LOT 3 on a plan of lots entitled "Final Subdivision Plan for
Charlotte E. Motter, Rickey L. Motter, Joshua L. Motter, Dusty L. Motter, and Rusty L. Mutter", prepared by
Eric L. Diffenbaugh, Professional Land Surveyor, dated November 10, 2008, and revised February 2, 2009,
which together with the necessary municipal approvals, is recorded at Cumberland County Instrument No.
2009-7769.
BEING part of the same real estate which Charlotte E. Motter, single woman, by Deed dated September 21, 2005,
L.
and recorded 771, Pa a 3699, granted and conveyed unto Charlotte E. Motter, Ricky L. Motter, Joshua L. Motter, Dusty a in
Dee 9
Motter and Rusty L. Motter.
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2009 JUL 24 PIM 12: 53
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