HomeMy WebLinkAbout06-2471
I.r
.-
Stipulations Against Liens
Hebel Enterprises, Inc.
In the Court of Common Pleas County of
Cumberland
Owner
, Pennsylvania
C&C Construction, Inc.
Docket Number DL. - ;24 7/ /17/....0 Term 2006
Contractor
Page Number
Whereas, C&C Construction, Inc. ("Contractor") of ~ j 31 {)/n , has entered into a contract with
Hebel Enterprises, Inc. ("Owner") of 821 Cherry Road, Liverpool, PA 17045, for the erection or construction of a SINGLE
FAMILY DWELLING upon the lot of ground known as 141 Locust Point Road, Mechanicsburg, PA 17055Monroe
Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Hebel Enterprises, Inc. 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 hands and seals the day and year aforesaid.
Signed and sealed in the presence of:
~-?;?-
~ /~ ~r~S
~e ntftrpris s, Incr.
, ......"'"
d'
File No. GEORGEHEBEL
ALL THAT CERTAIN piece or parcel of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a point in the center line of Locust Point Road (S.R. 1007), said point being on the dividing line between
Lots Nos. 5 and 6 on the hereinafter mentioned plan of lots; thence along the center line of Locust Point Road (S. R. 1007)
North 28 degrees 18 minutes 30 seconds West a distance of 71.78 feet to a point; thence continuing along the center line
of Locust Point Road (SR. 1007) North 28 degrees 13 minutes 33 seconds West 213.68 feet to a point; thence along
lands now or formerly of Samuel M. Simmons, Jr., North 60 degrees 59 minutes 18 seconds East 535.42 feet to a point;
thence along lands now or formerly of David E. Whitman South 37 degrees 39 minutes 38 seconds East 1 09.08 feet to a
point on the dividing line between Lots Nos. 5 and 6 on the hereinafter mentioned plan of lots; thence along said dividing
line the following courses and distances: South 23 degrees 05 minutes 34 seconds West 156.23 feet to a point; thence
South 57 degrees 22 minutes 57 seconds West 331.08 feet to a point; thence South 30 degrees 09 minutes 34 seconds
West 118.67 feet to a point on the center line of Locust Point Road (S.R. 1007), the place of BEGINNING.
BEING lot NO.5 on the Final Subdivision Plan for Samuel M. Simmons, Jr., dated December 24, 2003, revised January
19, 2004, and further revised March 25, 2004, and recorded in the Office of the Recorder of Deeds of Cumberland County,
Pennsylvania, in Plan Book 88, page 122.
BEING the same premises which Kenneth L. Hurley and Deborah A. Hurley, husband and wife, by their deed dated
February 2, 2006, and recorded in the Cumberland County Recorder of Deeds Office granted and conveyed unto Hebel
Enterprises, Inc.
UNDER AND SUBJECT to restrictions, easements, conditions, rights of way, setback lines, etc. of record.
t ~ "--
"'-.
~
~
C>
"- ~ ()
~ ~
iN "- r
\I' -....::J
'-0
'"'.D
-l-
+-
--L.
~
(')
c:
;:0
~,
c~;J
,p
?::,
...:,c~
\
<..:>
-,~"
:::-~,:
~-
o
.c(\
_\
~5..-0
\,1.r::,
.-;,\..:. '.
.j
,,'
",-.),(-"
--
.-
('0
(.;;\
,}';)
,...",1
?\
7';::'
-oZ