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HomeMy WebLinkAbout14-2318 }� Stip;;lations Against Liens In the Court of Common Pleas County of David P. McGinnis and Mary Jayne Cumberland McGinnis , Pennsylvania Owner Hoffman Is Custom Contracting Inc. Docket Number _ a3 1 , 4 t j) Term 20.14 Contractor Page Number Whereas, Hoffman's Custom Contracting Inc. ( "Contractor ") of 35 Chelsea Lane, Carlisle, PA 17015, has entered into a contract with David P. McGinnis and Mary Jayne McGinnis ( "Owner ") of Smithsburg, MD, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 3 Wildwood Lane, Carlisle, PA 170151-ower Frankford Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which David P. McGinnis and Mary Jayne McGinnis 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. Witness our hands and seals the day and year aforesaid. Signed and sealed in the presence of: c David P cGi nis A3 40— r• Jay, min rfls Hoffm 's Custo ontracting Inc. - ro 7 -- 6 '�'�� 3 0*i 5-01- `l . Fisi6.No. 2014 -030 ALL THAT CERTAIN lot or piece of ground situate in Lower Frankford Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described according to Minor Subdivision Plan for Arlington R. Miller Jr., prepared by Madden Engineering Services, Inc. dated July 24, 2013, and revised through September 6, 2013, and recorded`in Cumberland County, Pennsylvania as Instrument No. 201337371 (Plan), as follows: BEGINNING at a point at the 50' proposed dedicated right of way line of Wildwood Road (50' ROW) at the northwestern corner of Proposed Lot 2 on the above - referenced Plan; thence through a concrete monument to be set along said Proposed Lot 2, the following three courses and distances (1) South 17 degrees 45 minutes 17 seconds East 475.00 feet to an iron pin to be set; (2) South 68 degrees 23 minutes 51 seconds West 147.39 feet to an iron pin to be set; (3) South 18 degrees 46 minutes 20 seconds East 350.00 feet to an iron pin to be set; thence along lands now or formerly of Craig D. Kurtz, South 71 degrees 14 minutes 19 seconds West 465.34 feet (mistakenly identified on the recorded Plan as 482.34 feet) to a fence post found; thence North 18 degrees 46 minutes 20 seconds West 785.98 feet through a concrete monument to be set to a point; thence through said Wildwood Road (50' ROW) the following three (3) courses and distances; (1) on a line curving to the right having a radius of 1,000.00 feet, an arc length of 180.68 feet, and a chord bearing of North 62 degrees 18 minutes 12 seconds East 180.43 feet to a point; (2) North 67 degrees 28 minutes 46 seconds East 210.37 feet to a point; (3) on a line curving to the left having a radius of 2,500.00 feet, an arc length of 232.95 feet, and a chord bearing of North 70 degrees 08 minutes 56 seconds East 232.86 feet to a point; the point and place of BEGINNING. BEING Proposed Lot 3 on the Minor Subdivision Plan for Arlington R. Miller, Jr.