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Home My WebLink About06-5501 ,. Stipulations Against Liens Richard Mikulski and Kristen Mikulski In the Court of Common Pleas County of Cumberland Owner , Pennsylvania The McNaughton Company Docket Number 0 G . :f .S....o , Il-'\ L!J Term 2006 Contractor Page Number Whereas, The McNaughton Company ("Contractor") of 4400 Deer Path Road, Suite 201, Harrisburg, PA ,has entered into a contract with Richard Mikulski and Kristen Mikulski ("Owner") of 1613 Grey Stone Circle, Alburtis, PA 18011, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 5129 South Deerfield Avenue, Good Hope Farms South Lot 47, Mechanicsburg, PA 17050Hampden Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Richard Mikulski and Kristen Mikulski are 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: a.J6~ & ~/;/I/~/t:T ichard Mi ul{ki \ ,. , File No. 2006128 Exhibit "An 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 Eastern right-of-way line of South Deerfield Avenue (50.00 feet wide), said point being located at the Southwestern corner of Lot No. 48; then along the Southern boundary line of Lot No, 48, North 80 degrees, 30 minutes, 13 seconds East, for a distance of 107.98 feet, to a point in line of Lot No. 761; then partially along the Western boundary line of Lot No. 71 and along the Western boundary line of Lot No. 72, South 14 degrees, 19 minutes, 47 seconds East, for a total distance of 103.64 feet, to a point at the Northeast corner of Lot No. 46; then along the Northern boundary line of Lot No. 46, South 75 degrees, 40 minutes, 13 seconds West, for a distance of 110.00 feet, to a point on the Eastern right-of-way line of South Deerfield Avenue (50.00 feet wide); then along said right-of-way, North 14 degrees, 19 minutes, 47 seconds West, for a distance of 55.87 feet to a point on the arc of a circle curving to the right having a radius of 675.00 feet and an arc length of 56,94 feet to a point and the place of BEGINNING. THIS piece, parcel or lot of land contains approximately 11,867 square feet of land, and is known an numbered as Lot No. 47 on the Final Subdivision Plan for Good Hope Farms South - Phases X and XI, which is recorded in Cumberland County in Plan Book 89, Page 90. BEING THE SAME PREMISES which The McNaughton Company, a Pennsylvania Corporation, by Deed of even date, produced herewith and intending to be recorded, granted and conveyed unto Richard Mikulski and Kristen May Mikulski, husband and wife, Mortgagors herein. UNDER AND SUBJECT TO: Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions which affect the premises and are visible by inspection of the premises. Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and all prior documents, agreements, instruments, deed, grants and conveyances affecting the premises, The Declaration of Covenants and Restrictions, recorded in Cumberland County in Miscellaneous Book 711, Page 1307 as may be applicable to the above described property. TOGETHER with all and singular the Streets, Alleys, Passages, Ways, Waters, Watercourses, Rights, Liberties, Privileges, Hereditaments and Appurtenances whatsoever thereunto belonging or in anywise appertaining, and the Reversions and Remainders, Rents, Issues and Profits thereof; and all the Estate right, title, interest, property, claim and demand whatsoever of the GRANTOR, in law, equity, or otherwise howsoever, of, in and to the same and every part thereof. 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