HomeMy WebLinkAbout14-4527 i
Or TJJ �RGTHONOTAtRY
2014 At!G - I Am 8:
PSTYENNYLVANIA
STIPULATION AGAINST LIENS
Clyde E. Salisbury and Carole A. Salisbury In the Court of Common Pleas of
Owner Cumberland County, Pennsylvania
D.Cully Inc.doing business as C&C Docket Number/�-,VS;7 ffl4bI'erm
Construction
Contractor Page Number
Whereas, D. Cully Inc. doing business as C&C Construction ("Contractor") of 5745
Spring Road, Shermans Dale, PA 17090 , has entered into a contract with Clyde E. Salisbury
and Carole A. Salisbury ("Owners") of Sheet Iron Roof Road, Lot#3, Gardners, PA 17324, for
the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known
as Sheet Iron Roof Road, Lot #3, South Middleton Township, Cumberland County,
Pennsylvania, described in Exhibit"A" hereof, of which Owners are the title holders of record;
and'
Whereas, it is the intention of Owners 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
Owners 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. ��.00?W / A04ers
OF'1-�27
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 Owners 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' Iien
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 Owners full power and authority to protect Owners 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,
w
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.
0Witness our hands and seals this �&#day of ,2014.
Signed and seal e in the prese of:
Cly e E. Salisbury
Carole A. Salisbury
D. CULLY INC. DOING BUSINESS AS
C&C CONS UC 10
By.
Sean Cully, Pr nt
File No. 14-1472MM
ALL THAT CERTAIN tract of land situate in South Middleton Township,Cumberland County,
Pennsylvania,Lot No.3 on the Final Subdivision Plan of Kenneth M.Brcam and Doris M. Bream,
recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania,in
Instrument Number 201401826,the same being numbered as more particularly described as
follows:
BEGINNING at a point along the eastern 33 foot wide right of way along Sheet Iron Roof Road
(T-549);thence along the dividing line between Lot No.3 and lands now or formerly of United
State of America,South 47 degrees 46 minutes 16 seconds East 488.43 feet to a point;thence
continuing along the dividing line between Lot No.3 and lands now or formerly of United States
of America,South 47 degrees 46 minutes 16 seconds East 450.00 feet to a point;thence continuing
along the dividing line between Lot No.3 and lands now or formerly of Unites States of America,
South 52 degrees 39 minutes 10 seconds East 296.62 feet to a point;thence continuing along the
dividing line between Lot No.3 and lands now or formerly of United States of America,South 62
degrees 35 minutes 33 seconds East 297.04 feet to a point;thence along the dividing line between
Lot No.3 and lands now or formerly of Raymond L.Monismith,George W.Monismith,Ronald P.
Monismith,GIadys I.Monismith,Nancy R.Monismith,John M.Monismith,Doris I.Monismith,
Dorothy Monismith,Dale Monismith,Wayne E.Monismith,South 72 degrees 16 minutes 30
seconds West 616.85 feet to a point;thence along the dividing line between Lot No.2 and Lot No.
3,North 39 degrees 13 minutes 54 seconds West 940.22 feet to a point;thence continuing along
the dividing line between Lot No.2 and Lot No.3,North 58 degrees 26 minutes 44 seconds West
108.24 feet to a point;thence along the eastern 33 foot wide right of way along Sheet Iron Roof
Road(T-549),thence by a curve to the left having a radius of 329.41 feet,an are length of 154.79
feet with a chord bearing North 18 degrees 54 minutes 10 seconds East having a chord length of
153.37 feet to a point;thence continuing along the eastern 33 foot wide right of way along Sheet
Iron Roof Road(T-549),North 05 degrees 26 minutes 28 seconds East 123.25 feet to a point;
thence continuing along the eastern 33 foot wide right of way along Sheet Iron Roof Road(T-549),
thence by a curve to the right having a radius of 331.04 feet,an arc length of 84.79 feet with a
chord bearing North 12 degrees 46 minutes 43 seconds East having a chord length of 84.56 feet to
the point and place of BEGINNING.