HomeMy WebLinkAbout14-0823 Stipulations Against Liens
3Jn the court of Common Veag Countp of
Stephen R. Johansen, Jr. and Cumberland
Dominique F. Johansen , Pennsylvania
Owner
Gettys Development Compa n y, LLC Docket Number 1q , ?33 W 20 Contractor
Page Number
Vhereag, Gettys Development Company, LLC ( "Contractor ") of 1950 Chestnut Street, Camp Hill, Pa 17011, has
entered into a contract with Stephen R. Johansen, Jr. and Dominique F. Johansen ( "Owner ") of 3016 Yale Avenue, Camp
Hill, Pa 17011, for the erection or construction of SINGLE FAMILY DWELLINGS upon the lot of ground known as Lots 20,
21, 22, 23 & 24, Carlisle, PA 17013, North Middleton Township, Cumberland County, Pennsylvania, described in
Exhibit "A" hereof, of which Stephen R. Johansen, Jr. and Dominique F. Johansen are the title holder of record; and
Wbereag, 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.
,Oobo, Tbig 2greement Vitueggeth: 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.
Rub, 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 prese of:
S . Johansen, Jr.
omini Jo ansen
Gettys De pm Company, LLC
Step en R. Johansen, Jr., Member
3S�LQ
File No. 32258- 13- JOHANSE
ALL THOSE CERTAIN five (5) parcels of land located in North Middleton Township, Cumberland County, Pennsylvania,
being depicted on the Plan of Commons at Parker Spring, which Plan is recorded in the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania, in Plan Book 93 at Page 49 (Doc ID# 200670999), and under and subject to
the terms and conditions set forth on said Plan:
TRACT NO 1
Lot 20 Parcel # 29 -08- 0575 -030
BEGINNING at a point in the southerly right of way line of Parker Spring Avenue, said point being the intersection of Lots
19 and 20 with the said right of way line,
THENCE along the property line of Lot 19, South 61 degrees, 59 minutes 00 seconds West, a distance of 95.07 feet;
THENCE North 28 degrees 01 minutes 00 seconds West, a distance of 39 feet;
THENCE along the property line of Lot 21, North 61 degrees, 59 minutes 00 seconds East, a distance of 95.00 feet to a
point in the right of way line of Parker Spring Avenue;
THENCE along the right of way of Parker Spring Avenue, South 28 degrees 01 minutes 00 seconds East, a distance of
33.46 feet to a point;
THENCE continuing along the right of way of Parker Spring Avenue, on a curve to the left having a radius of 225 feet and
a delta angle of 01 degrees, 24 minutes 39 seconds, a distance of 5.54 feet, to a point, being the place of BEGINNING.
TRACT NO 2
Lot 21 Parcel # 29 -08- 0575 -029
BEGINNING at a point in the southerly right of way line of Parker Spring Avenue, said point being the intersection of Lots
20 and 21 with the said right of way line,
THENCE along the property line of Lot 20, South 61 degrees, 59 minutes 00 seconds West, a distance of 95.00 feet.
THENCE North 28 degrees 01 minutes 00 seconds West, a distance of 24.00 feet;
THENCE along the property line of Lot 22, North 61 degrees, 59 minutes 00 seconds East, a distance of 95.00 feet to a
point in the right of way line of Parker Spring Avenue;
THENCE along the right of way of Parker Spring Avenue, South 28 degrees 01 minutes 00 seconds East, 24.00 feet, to a
point, being the place of BEGINNING.
TRACT NO. 3
Lot #22 Parcel # 29 -08- 0575 -028
BEGINNING at a point in the southerly right of way line of Parker Spring Avenue, said point being the intersection of Lots
21 and 22 with the said right of way line,
THENCE along the property line of Lot 21, South 61 degrees 59 minutes 00 seconds West, a distance of 95.00 feet;
THENCE North 28 degrees 01 minutes 00 seconds West, a distance of 24.00 feet;
THENCE along the property line of Lot 23, North 61 degrees, 59 minutes 00 seconds East, a distance of 95.00 feet to a
point in the right of way line of Parker Spring Avenue;
THENCE along the right of way of Parker Spring Avenue, South 28 degrees 01 minutes 00 seconds East, 24.00 feet, to a
pint, being the place of BEGINNING.
TRACT NO. 4
Lot #23 Parcel # 29 -08- 0575 -027
BEGINNING at a poiint in the southerly right of way line of Parker Spring Avenue, said point being the intersection of Lots
22 and 23 with the said right of way line,
THENCE along the property line of Lot 22, South 61 degrees 59 minutes 00 seconds West, a distance of 95.00 feet;
THENCE North 28 degrees 01 minutes 00 seconds West, a distance of 24.00 feet;
THENCE along the property line of Lot 24, North 61 degrees, 59 minutes 00 seconds East, a distance of 95.00 feet to a
point in the right of way line of Parker Spring Avenue;
THENCE along the right of way of Parker Spring Avenue, South 28 degrees 01 minutes 00 seconds East, 24.00 feet, to a
point, being the place of BEGINNING.
TRACT NO. 5
Lot #24 Parcel # 29 -08- 0575 -026
BEGINNING at a point in the southerly right of way line of Parker Spring Avenue, said point being the intersection of Lots
23 and 24 with the said right of way line,
THENCE along the property line of Lot 23, South 61 degrees 59 minutes 00 seconds West, a distance of 95.00 feet;
THENCE North 28 degrees 01 minutes 00 seconds West, a distance of 39.00 feet;
THENCE along the property line of Lot 25, North 61 degrees, 59 minutes 00 seconds East, a distance of 95.00 feet to a
point in the right of way line of Parker Spring Avenue;
THENCE along the right of way of Parker Spring Avenue, South 28 degrees 01 minutes 00 seconds East, 39.00 feet, to a
point, being the place of BEGINNING.
BEING part of the same premises which W.R. Unger by Deed dated June 16, 2006 and recorded June 21, 2006 in the
Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Record Book 275, Page 1220,
granted and conveyed to The Commons at Parker Spring, Inc.
BEING the same premises which The Commons at Parker Spring, Inc. a Pennsylvania corporation, by Deed dated
September 17, 2013, and recorded October 8, 2013, in the Office of the Recorder of Deeds in and for the County of
Cumberland, Pennsylvania, as Instrument No. 201333150, granted and conveyed unto Stephen R. Johansen, Jr.
BEING the same premises which Stephen R. Johansen, Jr. and Dominique F. Johansen, husband and wife by their Deed
dated U, 2013 and about to be recorded in the Office of the Recorder of Deeds in and for the County
of Cumberland, Pen sylvania, granted and conveyed unto Stephen R. Johansen, Jr. and Dominique F. Johansen,
husband and wife, Mortgagors herein.