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Stipulations Against Liens
* Donald M. Woolford and Blanche B.
Woolford
14
(honer
Fred A. Tiday Builders, Inc.
Contractor
In the Court of Common Pleas County of
Cumberland
, Pennsylvania
/ul ?A
Docket Number rNU • y ? ?? 3 Term 2009
Page Number
Whereas, Fred A. Tiday Builders, Inc. ("Contractor') has entered into a contract with Donald M. Woolford and
Blanche B. Woolford ("Owner') of 447 Woodcrest Drive, Mechanicsburg, PA 17050, for the erection or construction of a
SINGLE FAMILY DWELLING upon the lot of ground known as Lot 254, Deerfield Avenue, Mechanicsburg, PA
17050Hampden Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Donald M.
Woolford and Blanche B. Woolford are 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 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. `;?)- \ (--)9
Witness our hands and seals the day and year aforesaid.
Signed and sealed in the presence of:
Tiday, President
File No. 09-01-6-12451 CAP
' ALL THAT CERTAIN piece, parcel or lot of land, together with improvements, situated in Hampden Township,
Cumberland County, Pennsylvania, and bounded and described as follows:
BEGINNING at a point along the Southern right-of-way line of South Deerfield Avenue (50.00 feet wide), said point being
the Northwestern corner of Lot #255; then along the western boundary line of Lot #255, South 30 degrees 33 minutes 01
seconds West, a distance of 123.18 feet to a point along the Northern boundary line of Lot #235 in Phase XVII (future);
then along said boundary line of lot #235 in Phase XVII (future) North 50 degrees 15 minutes 04 seconds West a distance
of 115.63 feet to a point at the Southeastern corner of Lot #253; then along the Eastern boundary line of Lot #253 North 38
degrees 23 minutes 01 second East a distance of 112.51 feet to a point at the Southern right-of-way line of South
Deerfield Avenue (50.00 feet wide); then along said right-of-way line by a curve to the left having a radius of 725.00 feet
and an arc length of 99.12 feet, to a point; the place of BEGINNING.
BEING known and numbered as Lot No. 254 on the Final Subdivision Plan for Good Hope Farms South - Phase XII,
which is recorded in Cumberland County at Instrument Number 200914067.
BEING A PART of the same premises which Thomas W. Gaughen, d/b/a TWG Real Estate Management Services,
conveyed to the McNaughton Company, a Pennsylvania Corporation, by deed dated October 5, 1994 and recorded in
Cumberland County in Record Book 112, Page 1058.
UNDER AND SUBJECT TO:
(a) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and
restrictions which affect the premises and are visible by inspection of the premises.
(b) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and
restrictions contained in any and all prior documents, agreements, instruments, deeds, grants and
conveyances affecting the premises.
(c) The Declaration of Covenants and Restrictions, recorded in Cumberland County at Instrument Number
200915661, as may be applicable to the above described property.
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