HomeMy WebLinkAbout02-2304STIPULATION AGAINST LIENS
WHEREAS, S & A Custom Built Homes, Inc., (Contractor), whose address is
1060 Trindle Road, Carlisle, PA 17013-165, has entered into a written contract
with Robert G. Hudgins and Cynthia R. Hudgins, whose address is 667 Spring Lane,
Boiling Springs, PA 17007, for the construction of a Single Family Residential
Dwelling whose address is to be located at 6 Meadowood Place, Boiling Springs,
PA 17007; and
WHEREAS, it is the intention of Owner and Contractor that neither said lot
of ground not the improvements erected or to be erected thereon or installed
therein shall be subject to a lien for debts due by Owner to Contractor or by
Contractor to any sub-contractor for labor or materials furnished in the said
construction or installation, 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 consideration mentioned thereunder, as well as
the further consideration of the One Dollar ($1.00) to him 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 or buildings, improvements, lot of
ground or any part thereof, or the curtilage or curtilages appurtenant thereto,
by anyone, and that all sub-contractors, 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
construction and installation of improvements in 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, lien or liens, filed by or for the Contractor, or any
subcontractor or materialman, or in the name of any one 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 and where 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 quitclaim all
rights and all manner of error, defects and imperfections whatsoever in entering
such satisfaction or in any wise touching or concerning the same.
This power may be exercised from time to time as often as shall be deemed
necessary.
IN WITNESS WHEREOF, Contractor has executed this instrument this 25tn day
of April, A.D., 2002.
Its:
Robert G. Hudgins, Owr~r
C~$hia R. Hudgins, Ow~r -
co o z rH
CO Ty OF
ON THIS, the 6~'--day of May, 2002, before me, a Notary Public in and for
~e sa~d C~onwe~th and County, personally appeared
o ac~now±eQged nzmself to be the /~7~-~_~-- of S & ~ Custom
Built Homes, Inc., and that he as'such ~fficer bein aut '
g horzzed to d~
executed the within instrument for the purposes therein contained by signing the
name of the corporation by himself as said officer.
COMMONWEALTH OF PSNNS%fLVANIA )
COUNTY OF ~;;-~.-~,,'~ )
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day
and year aforesaid.
Not~"
Notarial Seal
Amy S. Tyler, Notary Public
ElizabethtownBoro, Lancaster County
My Commission Expires Mar. 17, 2003
Member, Pennsylvania Association of Notades
ON THIS, the ~/~ day of May, 2002, before me, a Notary Public in and for
the said Commonwealth and County, personally appeared Robert G. Hudgins and
Cynthia R Hudgins, known to me (or satisfactorily proven) to be the persons whose
names are subscribed to the within instrument and acknowledged that they executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day
and year aforesaid.
Notary ~i~~~.
I Notarial Seal '1
Amy S. Tyler, Notary public
Etizabethtown Bo_m, .Lal~, ,as_tar~.CO~ot
My Commission t:xp~res Mar, ~/,
Member, Pennsylvania Association of Notaries
Firsf American Title Insurance Company
SCHEDULE C
NUMBER: 15164
ALL THAT CERTAIN tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, being
Lot No. 6, as shown on a Plan entitled, "Final Subdivision Plan, Meadowood Site Plan", dated February 9, 2000, by
Advantage Engineering Services, Inc., Harrisburg, Pennsylvania, being bounded and described as follows:
BEGINNING at an iron pin, being a westerly comer of Lot No. 5, and lying in an easterly right-of-way line of
Meadowood Place; thence along said right-of-wayl along a curve to the left, having a radius of 225.00 feet, an arc length
of 44.99 feet a delta angle of 11 'degrees 27 mitlutes 19 seconds, a tangent of 22.57 feet to a point; thence continuing
along said right-of-way, North 55 degrees 42 minutes 34 seconds West 37.21 feet to an iron pin, lying along said right-of-
way and being a southerly comer of Lot No. 7; thence along said Lot, North 34 degrees 17 minutes 26 seconds East
303.14 feet to an iron pin, being an easterly comer of said Lot and lying in a westerly right-of-way line of an unopened
alley; thence along said right-of-w.ay South ~14'degrees 16 minutes 33 seconds East 163.20 feet to an iron pin, lying along
said alley and being a no~&erly comer of Lot No. 5; thence along said Lot South 45 degrees 44 minutes 45 seconds West
203.68 feet to an iron pin, being the place of BEGINNING. CONTAINING 26,693.02 square feet.
BEING THE SAME PREMISES which Sally A. Kreitzer and Richard L. Kreitzer, her husband; Keith D. Stought and
Connie L. Stought, his wife; Lynn Ellen Stought, single woman; and Diane Lee Stought, single Woman, tenants in
common by deed dated May 25, 1999 and recorded June 2, 1999 in the Recorder's Office in and for Cumberland County,
PA, in Deed Book 200, Page 887, granted and conveyed unto S & A Custom Built Homes, Inc.
PA-3