The URL can be used to link to this page

Home My WebLink About00-04722 05429/2000 11:58' 7172431850 MDWD I~;;- "~-_;,\?:jf:/ts;U).~~1::lri1;~'t.~ PAGe . II' ~ - lj "1~;) Nj' P~LeS\DAtAFl~emIl\1t22-71al$al:l'hl%l STIPULATION OF LIENS #t TIDS INS1RUMENT is executed this 3 0 day of June, 2000, by JOHN FOGARTY CUSTOM Bun. T HOMES, INC., 4701 North Front Street, Harrisburg, Pennsylvania ("Contractor") in favor of JAMES E. BURNS, JR. and BETH M. BURNS, P.O. Box 6393, R.D. #1, Grantville, Pennsylvania ("Owners"). WITNESSETH: WHEREAS, Contractor is a contractor within the meaning of the Mechanics Lien Law of 1963, as amended. WHEREAS, Owner and Contractor have entered into a certain Sales Agreement, daled June 2, 2000 ("Agreement") in connection with the construction of a residential home on Owner's parcel of ground known as Lot #3, Peach Orchard Road, Newville, Penn Township, Cumberland County, Pennsylvania, as more parlkularly described in Cumberland County Deed Book 196, Page 457 ("ProperlY"). A copy of said Agreement is altached hereto as Exhibit "A" and incorporated herein by reference. WHEREAS, Contractor has, by this instrument and the promises contained herein, covenanted, promised and agreed that no mechanics' or materialmen's liens shall be filed or maintained against the estate or title of owner in the property or any part thereof, or the appurtenances thereto, either by itself or anyone else acting or claiming through or under it for or on account of any work, labor or materials supplied in the performance of the work under the contract or under any supplemental contract or for extra work. NOW, THEREFORE, in consideration of the Agreement and the covenants of Owner therein contained, and the sum of one dollar ($1.00) paid in hand to Contractor, the receipt and sufficiency of which are hereby acknowledged. and intending to be legally bound hereby: 1. Contractor, for itself and anyone else acting or claiming through or under it, does hereby waive and relinquish all righl to file a mechanics' or materialmen's lien, or notice of intention to file any lien, and does hereby covenant, promise and agree that no mechanic's lien or other lien of any kind whatsoever shall be filed or mainlained against the estate or title of owner in the property or the appurtenances thereto, by or in the name of Contractor, or any subconl1actor, materialman or laborer acting or claiming through or under for work done or materials furnished in connection with 1 ,;7. ~ .~.~- 051.29/2000 11:58 71 72431850 MDWO PAGE 05/08 the contract or by any other party acting through or under them or any of them for and about Ihe property or any part of it. 2. This agreement waiving the right of lien shall be an independent covenant by Contractor and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in connection with the above-described project on the property t~ the same extent as any work and labor done and materials furnished under the contract. 3. To give Owner full power and authority to protect itself, the property, the estate, or title of owner therein, and the appurtenances thereto, against any and all liens filed by Contractor or anyone acting under or through it in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any attomey of any Court of Common Pleas of the Commonwealth of PelUlslvania (i) to appear as attorney for it, them or any of them, in any such Court, and in its or their name or names, to the extent permitted by law, mark satisfied of record at the cost and expense of Contractor or of any subcontractor or materialman, any and all lien or liens, filed in violation of the foregoing covenant, or (ii) to cause to be filed and served in connection with such lien or liens any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, and to incorporate therein, as part of the record, the waiver contained in this instrument; and for such act or acts this instrument shall be good and sufficient warrant and authority, A reference to the court, term and number in which and where this agreement shall have been filed shall be conclusive evidence of the authority herein to warrant such action, and Contractor, for itself and for them, hereby remises, releases and quitclaims all righls and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. In the event anyone acting through or under Contractor shall so file a lien in violation of the foregoing covenant, Owner may not exercise its rights under this Paragraph 3 unless such lien has not been stru:ken or discharged (by payment, posting ofa bond or other means) for a period often (10) days after notice of such lien shall have been received by Contractor. 2 'on" -=< ~6(29/2000 11:58 7172431850 MDWO PAGE 07/08 IN WITNESS WHEREOF, Contractor has executed this instrument as of the day and year first above written, ATTEST: , ~~ YLl f~ I'J~ fJ ';J+ CONTRACTOR: JOHN FOGARTY CUSTOM BillL T HOMES, INC. COMMONWEALTH OF PENNSYLVANIA COUNTY OF -:DA-t/j?ll/tI/ ) : SS. ) On this the 30th day of June, 2000. before me the undersigned officer, personally appeared U/i?I!Y €. ~tfvrn/Al.{ -Sif,who acknowledged that he is the t!lbIk'At.. t1lA"~of Jolm Fogarty Cuslom Built Homes, Inc., and that he as such officer being authofued so to do, executed the foregoing instrument for the purposes thereio contained, IN WITNESS WHEREOF I hereunto set my hand and. official seal the day and year aforesaid, "~f?i ~ ,~ . '. L~'-'4< ~,A",-,,~ Notary Public Notarial Seal Unda Basclano, Notary Public Susquehanna Twp., DauphIn County My CommIssIon Expires June 11, 2002 Member, Pennsylvania Associatlon 01 Notaries 3 c, _~~ III!!" ~6/29/2BBB 11:58 7172431850 MDWO PAGE 08/08 COMMONWEALTH OF PENNSYLVANIA ) ): ss. COUNTY OF CUMBERLAND ) On this, the 30lh day of June, 2000, before me. the undersigned officer, personally appeared, JAMES E. BURNS, Jr. and BETH M. BURNS, known to me or satisfactorily proven to be the persons whose names are subscnbed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal, Notarial Seal Kara E, Moore, Notary Public Carlisle Bora, Cumberland County _~.?~"isslon Expires Feb, 23, 2004 ~P.~ (SEAL) 4 '"''',"". ^_ ~ e,~,_ '. "" . DESCRIPI'ION OF LOT #3. PEACH ORCHARD RD. ALL THAT CERTAIN tract ofland situate in Penn Township, Cumberland County, being known as Lot #3 of a Preliminary/Final Subdivision Plan for Robert S, & Crystal J. McKee, prepared by Jannolenko, Professional Land Surveyor and Associates, dated July 25, 1997 and being recorded in Cumberland County Plan Book 75, Page 113, and being more fully described as follows: BEGINNING at an iron pin sel al public road known as Peach Orchard Road T-344 at the dividing line belween Lot No.3 and Lot No, 2; thence along said dividing line South 74 degrees 23 minutes 29 seconds East, 425,00 feet to an iron pin set at the comer of Lot No, 4; thence along the dividing line between Lot No. 4 and Lot No.3, South 15 degrees 36 minules 31 seconds Wesl, 200.00 feet 10 an iron pin set; thence continuing along same, North 74 degrees 23 minutes 29 seconds West 425,00 to an iron pin set at the aforementioned public road known as Peach Orchard Road T - 344; thence along said road, North 15 degrees 36 minutes 31 seconds Easl, 200,00 feet to an iron pin set, the Place of BEGINNING, BEING the same premises which Robert S. McKee and Crystal J, McKee, husband and wife, by Deed dated March 25, 1999 and recorded in Cumberland County, Pennsylvania Deed Book 196, Page 457 granled and conveyed unto James E, Burns, Jr, and Beth M, Burns, husband and wife, . <,., . . ", _~ ,_'e; c.".. , . < -' ,'1 i!1I ...>~~" ~ ~ ~"-,,",,' ;~~__~" "e_^~ 0 0 0 c: 0 s:: " /'\::, (\ '"b -Om ~ ;~j ", lTl :=: ~-;1;g ~ ~ 2::;:) , :tl::- ZC-- I ~'r, h, (f)di;,- (..J :,.'jCJ ~ ~ ::S;L ,_~\ L i-.! L-CJ .'-,U ,- =~ -''''Ti ...... )>rl ~",,- :.::'.,-"" ~ .c: 5 ~{'-;) ~~-,"" :-,,;;;:5 -l0 -<:' >c 01"71 --c: ""-l ~ z s:;- ~ D :< U\ -< [, T 0 . ,. ~, ..,. , _ ~1;l!Ii-.~):.l:~MI,. _~,;'o/lWl'W$lJ~..~~~ft~m"!ll~~~~~~