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HomeMy WebLinkAbout06-2924 .... " Stipulations Against liens "J\"> RONALD K. GUYER and KIMBERLY A. GUYER, HUSBAND AND WIFE In the Court of Common Pl~as ! County of File Number 06-21549SF Owner Cumberland , Pennsylvania Docket Number 0 (,. J. 9.1 'f ru Term 20 THE MCNAUGHTON COMPANY Page Number Contractor Whereas, on this 15th day of May, 2006, THE MCNAUGHTON COMPANY ('Contractor") of 440 DEER PATH ROAD SUITE 201 HARRISBURG, PA 17110 has entered into a contract with RONALD K. GUYER and KIMBERLY A. UYER, HUSBAND AND WIFE ("Owner") of 5133 JENNIFER CIRCLE MECHANICSBURG, PA 17050 for the erection or construction of a SINGLE FAMILY DWELLING up n the lot of ground known as 5133 JENNIFER CIRCLE, MECHANICSBURG, PA 17050, LOT 77, PHASE X GOOD HO E FARMS SOUTH, Hampden Township, Cumberland, Pennsylvania described in Exhibit "A" hereof, of which RONA D K. GUYER and KIMBERLY A. GUYER, HUSBAND AND WIFE is the title holder of record; and Whereas, it is the intention of Owner and Contractor that neither said lot of ground nor the improve ents erected or to be erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to an subcontractor for labor or materials furnished in the said erection or construction, and that the right of anyone to claim a y such lien be waived hereby. ' Now, This Agreement Witnesseth: That Contractor, for and in considllration of the Gon ract aforesaid and the considerations mentioned thereunder, as well as the further consideration of Ona 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 ackn ledged, and intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and a y and all subcontractors, materialmen, laborers and parties acting for, through or under Contractor, that no me hanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the ~uilding, improve ents, lot of ground or any part hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontra ors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnishe and work and labor done. And this agreement, waiving the right of lien by anyone, shall be an independent cov(ilnant and shall 0 erate and be effective with respect to work done and materials furnished under any supplemental dontract for extra ork in the erection, construction and completion of the building as well as to any work and labor done and materials furnis ed under the contract aforesaid. And, in order to give the Owner full power and authority to protect Owner and the building, improveme ts and lot of ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in iolation 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 Peas as attorney for Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contracto , 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 g und or any part thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a referenc to the Court, Term and Number in which this instrument shall have been filed shall be a sufficient el<hibit of the auth rity herein contained to warrant such action, and the Contractor does hereby remise, release, an~ quit claim all rig ts Clnd all manner of errors, defects and imperfections whatsoever in entering such sCltisfaction of in anywise touching or oncerning the same. Witness our hand and seal the day and year aforesaid. Signed and sealed in the presence of: ~- ughton Company STIPULATION AGAINST L1ENS- 2-8-o0.00C .... ~ File No. 06-21549SFPWB ALL THAT CERTAIN piece, parcel or lot of land, together with improvements, sItuated in Hampden Township, Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the southern right of way line of Jennifer Circle (50 feet wide), said point being located at the northeastern comer of Lot No. 78; then along the northern boundary line qf Lot No. 78, South thirty degrees forty minutes thirteen seconds West (S 300 40' 13" W), for a distance of one hundred forty and zero hundredths (140.00) feet, to a point at the northeastern comer of Lot No. 76; the~' along the northern boundary line of Lot No. 76, North fifty-nine degrees nineteen minutes forty-seven seco ds West (N 590 19' 47" W), for a distance of one hundred forty and zero hundredths (140.00) feet, to a point on ,the southern right of way line of Jennifer Circle (50 feet wide); then along said right of way line, on the arc of a' ircle curving to the right, having a radius of one hundred forty and zero hundredths (140.00) feet, and an arc Ie gth of two hundred nineteen and ninety-one hundredths (219.91) feet to a point and the place ofiBEGINNING. BEING known and numbered as Lot No. 77 on the Final Subdivision Plan for Good ope Farms South - Phases X and XI, which is recorded in Cumberland County in Plan Book 89, Page 90. STIPULATION AGAINST L1ENS- 2-B-OO.DOC ~ f ~ , ~ -::. 't' - "" '" ..!::. ..:. , "}> ~. ...-0 \~, \ nl':; '.~7 ,.r ~ ~ <-"'. .-.\ C; --r: ~ f\"\e ~ ~,~ q- ~:2,t:,? ':}~:D ~ \c;yCf, :;::. -;,-::~f -', ~~ --- 10 ",,"'. '" 6)' .~;;~. ~\i :2.. ~ J ~~\ \\t ",;J ~\= . \- ~ ~ s \. ~ \,