HomeMy WebLinkAbout11-4891Stipulations Against Liens
James E. Elash and Courtney E. Elash
Owner
In the Court of (Common Vteao County of
Cumberland
Hughes Contracting, Inc.
Contractor
Docket Number Jl "M/ tvz, 6
Page Number
Term 20
Vbereag, Hughes Contracting, Inc. ("Contractor") of 1787 W. Trindle Road, Suite 801, Carlisle, PA 17015, has
entered into a contract with James E. Elash and Courtney E. Elash ("Owner") of 421 Park Drive, Carlisle, PA 17015, for
the improvements, erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 421 Park
Drive, Carlisle, PA 17015South Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of
which James E. Elash and Courtney E. Elash are the title holder of record; and
Wberea.5, 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.
Pohl, 19big 2greement Vitneggetb: 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.
Rub 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.
Aub, 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 year aforesaid.
Signed and sealed in the presence of:
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James E. Elash
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Hughes Contracting, Inc.
Ord- ???aa
, Pennsylvania
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File No. CL11269
ALL THAT CERTAIN tract of land with the improvements thereon erected situate in South Middleton Township,
Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point on public highway L.R. 21008 at line of lands now or late of South Middleton Township Municipal
Authority (hereinafter SMTMA) and Charlotte H. Wildasin; thence by said lands North 10 degrees 30 minutes East 639.96
feet, more or less, to a point at the northwest corner of land now or late of Wildasin; thence by lands now or late of SMTMA
South 83 degrees 00 minutes East 361.74 feet, more or less, to a point at lands now or late of SMTMA; thence by said
land South 10 degrees 15 minutes West 269.97 feet, more or less, to a point ;thence cy lands of SMTMA South 83
degrees 00 minutes East 250 feet to a point along lands now or late of J.A. Derrick; thence along said Derrick lands South
10 degrees 15 minutes West 368.35 feet, more or less, to a point on the aforesaid highway; thence along the center of
said highway North 83 degrees 00 minutes West 621.91 feet, more or less, to the place of BEGINNING.
UNDER AND SUBJECT, NEVERTHELESS, to easements, conditions and restrictions of prior record pertaining to said
premises.
UNDER AND SUBJECT to restrictions and conditions as now appear of record
STATE OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
On this, the 3`d day of June, 2011, before me, a Notary Public, the undersigned officer,
personally appeared James E. Elash and Courtney E. Elash, known to me (or satisfactorily proven) to be
the persons whose names are subscribed to the within instrument, and acknowledged that they
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and officials al the day and year aforesaid.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
KANDI L. LENKER, Notary Public
STATE OF PENNSYLVANIA: HCUMBERLAND COUNTY
MMISSION EXPIRES AUGUST 24, 2013
COUNTY OF CUMBERLAND:
On this, the 3`d day of June, 2011, before me, a Notary Public, the undersigned officer,
personally appeared 1--71I / /wg l7es , who acknowledged himself to be
the _ ?Ps/ O?LYI/ d 'Hughes Contracting, Inc., a Corporation, and that he, as such
officer, being authorized to do so, executed the foregoing instrument for the purposes therein
contained by signing the name of the Corporation by himself as such officer.
IN WITNESS WHEREOF, I hereunto set my hd and offi ' seal the day an ar aforesaid.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
KANDI L. LENKER, Notary Public
HAMPDEN TWP, CUMBERLAND COUNTY
MY COMMISSION EXPIRES AUGUST 24, 2013