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2010 jUL -8 Al 11: OU
STIPULATION AGAINST LIENS
Jonathan W. Chatham In the Court of Common Pleas of
Owner Cumberland County, Pennsylvania
C&C Construction Docket Number 10 - H501 MLDTerm 2010
Contractor
Page Number
Whereas, C&C Construction ("Contractor") of 5745 Spring Road, Shermans Dale, PA
17090, has entered into a contract with Jonathan W. Chatham ("Owner") of Old Town Road,
Gardners, PA 17324, for the erection or construction of a SINGLE FAMILY DWELLING upon
the lot of ground known as Old Town Road, South Middleton Township, Cumberland County,
Pennsylvania, described in Exhibit "A" hereof, of which Owner 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 by
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.
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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
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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 year aforesaid.
Signed and sealed in the presence of:
athan W. Chatham
C&C
By:
I %
Exhibit "A"
ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland
County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at an iron pin at the corner of lands now or formerly of Glenn Shughart and Mt.
Holly Fish & Game; thence North 87 degrees 17 minutes 02 seconds East, 317.29 feet to lands
now or formerly of Michael W. Holzheid; thence along said lands now or formerly of Michael
W. Holzheid, South 42 degrees 21 minutes 36 seconds East, 1,377.54 feet to an iron pin; thence
continuing along lands of Andrew B. Gardner, South 39 degrees 39 minutes 48 seconds East,
185.68 feet to a stone pile at lands of Andrew B. Gardner; thence continuing along lands of
Andrew B. Gardner, South 37 degrees 02 minutes 59 seconds West, a distance of 342.18 feet to
an iron pin at lands of Wood Lots; thence along said lands of Wood Lots, North 42 degrees 14
minutes 32 seconds West, 1,440.98 feet to an iron pin at lands now or formerly of Glenn
Shughart; thence along said lands now or formerly of Glenn Shughart, North 28 degrees 11
minutes 26 seconds West, 399.52 feet to an iron pin, being the point of BEGINNING.
BEING THE SAME PREMISES which Wilbur K. Smith and Cynthia C. Smith, husband and
wife, by Deed dated May 18, 2010 and recorded May 21, 2010, in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania in Instrument No. 201013261, granted and
conveyed unto Jonathan W. Chatham, single person, mortgagor herein.
SUBJECT to the existing easement and maintenance agreement as recorded to Instrument
Number 200936793.
BEING Parcel No. 40-14-0140-32A