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Home My WebLink About06-3256 Stipulations l\!Jl!lnst Liens Bryan R. Harshbarger and Stephanie L. Harshbarger 3ln tbe ilJ:ourt of ilJ:ommon ~leas ilJ:ountp of Cumberland , Pennsylvania Owner Home Designs Unlimited, LLe Docket Number ex- - .3 2St. 1'714) Term 20 Contractor Page Number ~~ f,.\~ Wbereas, Home Designs Unlimited, LLC ("Contractor") of New Kingston, PA, has entered into a contract with Bryan R. Harshbarger and Stephanie L. Harshbarger ("Owner") of 306 Third Street, Summerdale, PA 17093, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 938 Hawthorne Street, Lot #6, Enola, PA 17025East Pennsboro Township, Enola, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Bryan R. Harshbarger and Stephanie L. Harshbarger are the title holder of record; and Wbereas, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon shali 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. jiioltJ, m:bis ~lIreement Witnessetb: That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned thereunder, as weli as the further consideration of One Doliar ($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 legaliy bound hereby, does hereby covenant, promise and agree, for Contractor and any and ali 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 shali 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 ali subcontractors, materialmen and laborers shali look to and hold Contractor personaliy liable for ali subcontracts, materials furnished and work and labor done. ~nb this agreement, waiving the right of lien by anyone, shali be an independent covenant and shali 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 weli as to any work and labor done and materials furnished under the contract aforesaid. ~nb, in order to give the Owner fuli power and authority to protect Owner and the building, improvements and lot of ground, against any and ali 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 ali 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 shali be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which this instrument shali have been filed shali be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release, and quit claim ali rights and ali 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: . "".. '- LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern dedicated right-of-way line of the cul-de-sac of Hawthorne Drive, at the southwest corner of Lot NO.5 on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Lot No.5, South 51 degrees, 41 minutes, 35 seconds East, a distance of 130.32 feet to a point on the western line of land N/F Stephen N. McBride and Donna L. McBride; THENCE continuing along the western line of said McBride land, South 02 degrees, 15 minutes, 00 seconds East, a distance of 187.93 feet to a point on the easternmost corner of land N/F Harrisburg National Historical Society; THENCE along the northern line of said Harrisburg National Historical Society land, North 64 degrees, 44 minutes, 49 seconds West, a distance of 200.45 feet to a point at the southernmost corner of lot No. 7 on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said lot No.7, North 24 degrees, 42 minutes, 05 seconds East, a distance of 157.43 feet to a point on the southern dedicated right-of-way line of the cul-de-sac of Hawthorne Street; THENCE along said right-of-way line by a curve to the left having a radius of 50.00 feet and an arc length of 66.67 feet to a point at the southwest corner of Lot No. 5 on the hereinafter described Final Subdivision Plan, the paint and place of BEGINNING. CONTAINING 38,219.00 square feet, more or less. BEING lot No.6, Final Subdivision Plan for laurel Woods, dated May 26, 2005, last revised September 27, 2005 recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 91, Page 73. SUBJECT TO an Easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to public utility companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with then current PP&l Company Tariff provisions. , . -~... .. '- FURTHER, UNDER AND SUBJECT to a hillside/steep protection overlay district across the southwestern portion of the premises as shown on the above referenced Final Subdivision Plan. BEING PART OF THE SAME PREMISES which Mary Lou Ciccocioppo and Joseph D. Ciccocioppo, her husband by their Deed dated October 17, 2005, and recorded November 2,2005, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 271, Page 3705, granted and convYBd unto Deluxe Homes of Pa, Inc., a Pennsylvania Corporation, Grantor herein. BEING the same premises which Deluxe Homes of Pa., Inc., by Deed dated June 01,2006 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Bryan and Stephanie Harshbarger, husband and wife, Mortgagors herein. /' .. 0 ....., C~, = 0 ~\\o- ~ (~;) N 0"'0 -n - h- e_ :r! .,-, t- ~ I ~.,i rI'F C' 1 ,.\ - CD Q ~ - C> (-:;\ "l~J 0 " -.0 ~ ~ r:-:? ~ =-:2 0.' r r "" t ~ ,.... 18 1::) 0- f +