HomeMy WebLinkAbout06-3571
~
... Stipulations Agal st Liens
Leroy K. Go don and Karen E.
Gordon
In the Court of Common Pleas County of
Owner
Cumberland
, Pennsylvania
Docket Number 3S7/ M LD Term 2006
Martin Buil ers
Page Number
Contractor
Whereas, Ma in Builders ('Contractor") of
has entered in 0 a contract with Leroy K. Gordon and Karen E. Gordon ("Owner") of for the erection or construction of a
SINGLE FAMI Y DWELLING upon the lot of ground known as Lots 3 Booz Road, Newburg, PA 17240, Hopewell
Township, Cu berland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Leroy K. Gordon and Karen E.
Gordon is the itle holder of record; and
Whereas, it is he intention of OWner and Contractor that neither said lot of ground nor the improvements erected or to be
erected thereo shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor
or materials fu nished in the said erection or construction, and that the right of anyone to claim any such lien be waived
hereby.
Now, This A reement Witnesseth: That Contractor, for and in consideration of the contract aforesaid and the
considerations entioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the
Owner at or be ore the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending
to be legally bo nd hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors,
materialmen, I borers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or
claim of any ki d whatsoever shall be filed or maintained against the building, improvements, lot of ground or any part
hereof, or the rtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers
shall look to an hold Contractor personally liable for all subcontracts, materials furnished and work and labor done.
And this agree ent, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be
effective with r spect to work done and materials furnished under any supplemental contract for extra work in the erection,
construction an completion of the building as well as to any work and labor done and materials fumished under the
contract afores id.
And, in order t give the Owner full power and authority io protect Owner and the buildin9, improvements and lot of
ground, agains any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the
foregoing cove ant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas
of the Common ealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for
Contractor and n Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any
subcontractor 0 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, fo such act or acts, this shall be good and sufficient warrant and authority, and a reference to the Court,
Term and Num er in which this instrument shall have been filed shall be a sufficient exhib>> of the authority herein
contained to wa rant such action, and the Contractor does hereby remise, release, and quit claim all rights and all manner
of errors, defect 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.
Signed and seal d in the presence of:
::"~ ~
EClw.4l?b.fl1 RTrN
& /;e, /o~
/ /
..
r-.>
~=
=
C-'
S-:
'-
::.:.::
a
-n
~...,.,
rnp
~)f,:rl
:.\~ ~~(
"T,
"'r'
:,.2 C':,
'S;.\"Ti
:'::'j
~.~
:--"
N
c:;
...
"
EXHIBIT "A"
ALL t at certain lot or tract of land situate in Hopewell Township, Cumberland County,
Penns vania, designated as Lot "3" and Lot "3A" as shown on Subdivision Plan entitled
"Final ubdivision Plan for Wadel Masons" prepared by Eric 1. Diffenbaugh, Professional
Land eyor, which plan has been approved by the appropriate municipal authorities as a
final S bdivision Plan, and which is recorded in the Office of the Recorder of Deeds in and
for C berland County, Pennsylvania in Plan Book 92, Page 42; and are bounded and
descri ed as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the
dividing line between Lot 2 and Lot 3 on the hereinabove referenced Plan;
thence along said dividing line, North 72 degrees 12 minutes 35 seconds
West 442.77 feet to an existing iron pin; thence along the dividing line
between Lot 2A and Lot 3A on the hereinabove referenced Plan, North 72
degrees 12 minutes 35 seconds West 390.3 9 feet to a set iron pin; thence
along the dividing line between Lot 3A on the hereinabove referenced plan
and Lot 5 as set forth in Plan Book 92, Page 42, North 24 degrees 37 minutes
03 seconds East 258.72 feet to a set iron pin; thence along the dividing line
between Lot 3A and Lot 4A on the hereinabove referenced Plan, South 72
degrees 12 minutes 35 seconds East 383.97 feet to an existing iron pin;
thence along the dividing line between Lot 3 and Lot 4 on the hereinabove
referenced Plan, South 72 degree 12 minutes 35 seconds East 418.44 feet to
an existing railroad spike; thence in Booz Road (SR 4003), South 17 degrees
47 minutes 25 seconds West 256.89 feet to a set railroad spike, the point and
place ofBEGINNlNG.
CONTAINING 4.8227 acres, more or less, in accordance with the above-
referenced plan,
TOGETHER with and under and subject to notations as shown on said plan.
UNDER AND SUBJECT to restrictions entitled "Booz Road Restrictions,"
a copy of which is attached and made part hereof by reference.
UNDER AND SUBJECT to existing covenants, agreements, conditions,
ease ents, restrictions and rights of record, to the extent valid and enforceable and still
appli ble to the above described premises.
BEING the same real estate that Wadel Masons, by their deed dated June 15,2006,
and i tending to be recorded prior hereto in the Office of the Recorder of Deeds in and for
Cum erland County, Pennsylvania, conveyed to Leroy K. Gordon and Karen E. Gordon,
husb d and wife, the Mortgagors herein.
?':>
"-
~
~
-J::
"-t>
o
P
'"
'-
,
..
",
':.:~
,;"-::':)
,:.:;.",
()
"q
--I
:;r; -n
111,""_'::
"t-
-
~\
,
o
<:>..
'-
-....J
...0
-t:.
lI'
'^'
:~i
0-,
~'::-:
t\::.
N
1'1:-:
,'"
~
~
t
-..JV\'"
::i ~~
~~t
""1'
~~~
IN ~
~ ('
--'
"'-~
:.,~
"<