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Stipc.Aations A.qainst Liens
DA VlD R. PRICE, JR., A
SINGLE MAN and DONNA L.
KUNKEL, c4 SINGLE WOMAN
Owner
In the Court of Common Pleas County of
CUMBERLAND
, Pennsylvania
Docket Number 05', 5PY'/? II! U) Term 2005
Reese Builders
Page Number
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Contractor
II-;LI- 05'
Whereas, Reese Builders ('Contractor") of 310 Cranes Gap Road, Carlisle, PA 17013 has entered into a contract with
DAVID R. PRICE, JR., A SINGLE MAN and DONNA L. KUNKEL, A SINGLE WOMAN ("Owner") of for the erection or
construction of a SINGLE FAMILY DWELLING upon the lot of ground known as LOT 31, NICHOLAS DRIVE, DICKINSON
TOWNSHIP, CARLISLE, PA 17013, , ,CUMBERLAND, PENNSYLVANIA described in Exhibit "A" hereof; of which DAVID
R. PRICE, JR" A SINGLE MAN and DONNA L. KUNKEL, A SINGLE WOMAN 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 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 anyone 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 hand and seal the day and year aforesaid,
STIPULATION AGAINST LIENS
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. FilE!' No. 05-585
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ALL that certain tract ofland situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point on the eastern right of way line of Nicholas Drive at the dividing line of Lot 31 herein conveyed and Lot 32 as
shown on the hereinafter mentioned Subdivision Plan; thence following said right of way line on a curve to the left with a radius of
225.00 feet, an arc length of 60,00 feet, with a chord bearing of North 08 degrees 29 minutes 18 seconds West and a chord length of
59,82 feet to a point on the dividing line of Lot 29; thence along Lot 29 and the dividing line of a drainage easement North 79 degrees
32 minutes 51 seconds East a distance of215,91 feet to a point; thence North 24 degrees 05 minutes 12 seconds East, a distance of
147,83 feet to a point on the dividing line of Lot 30; thence along Lot 30 South 65 degrees 34 minutes 48 seconds East a distance of
514.56 feet to the southern line of a drainage conservation easement; thence along the southern line of said drainage conservation
easement South 25 degrees 15 minutes 00 seconds West, a distance of 213.04 feet to a point on the dividing line of aforesaid Lot 32;
thence along Lot 32 North 65 degrees 54 minutes 48 seconds West, a distance of 383.00 feet to a point; thence North 87 degrees 26
minutes 37 seconds West a distance of 293.34 feet to a point on the eastern right of way line of Nicholas Drive, the Place of
BEGINNING.
CONTAlNING an area of 127,106 square feet and being Lot 31 on Subdivision Plan fOr Nicholas Manor prepared by Statler Brehm
Associates, Inc., dated October 13, 1999, and recorded in the Recorder of Deeds, Cumberland County in Plan Book 80, Page 135.
Lot 31 herein conveyed is subject to a 10 feet wide utility easement running along Nicholas Drive and also subject to a drainage
conservation easement covering the southern half, more or less, of lot.
UNDER AND SUBJECT, NEVERTHELESS, to the following building and use restrictions which shall be binding on the lots
conveyed hereunder and shall not be deemed binding on other lots retained or sold by Grantor in the future, which building and use
restrictions the Grantees, their heirs and assigns, by acceptance of this Deed, agree to comply as set forth in Deed Book 80, Page 135.
STIPULATION AGAINST LIENS
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