HomeMy WebLinkAbout03-1235Stipulations Against Liens
ROBIN R. RITCHEY and
DARLENE K. RITCHE Y,
HUSBAND AND WIFE
Fogarty Homes, Inc.
Court of Common ~leas Countp of
Contractor
Owner Cumberland
Docket Number
Page Number
, Pennsylvania A
Term 2003
~9!oereas, Fogarty Homes, Inc. ('Contractor") of North Front Street, Harrisburg, PA 17110 has entered into a contract with
ROBIN R. RITCHEY and DARLENE K. RITCHEY, HUSBAND AND WIFE ("Owner") of for the erection or construction of a
SINGLE FAMILY DWELLING upon the lot of ground known as 37 BLUE SPRUCE DRIVE, EAST PENNSBORO
TOWNSHIP, ENOLA, PA 17025,,, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which ROBIN R.
RiTCHEY and DARLENE K. RITCHEY, HUSBAND AND WIFE is the title holder of record; and
:t~Oereas, 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.
RoW, ~1)i5 gt~lreement t~itne~et~: 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.
~nb 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.
~llb, 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 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 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.
Signed and sealed in the presence of:
Witness our hand and seal the day and year aforesaid.
/ /~~/~A ~) ROBINR. RITCHEY
AMANDA N. SNYDER, NOTARY
LOWER PAXTON TWP,, COUNTY OF DAUPHINi
STIPULATION AGAINST LIENS.DOC
, File No., 03-162
~LL THAT CERTAIN tract or parcel of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the northern right-of-way line of Blue Spruce Drive (50' wide) at the dividing line between Lot #18 and
Lot #19 as shown on the hereinafter mentioned plan; thence along the northern right-of-way line of Blue Spruce Drive South 80° 14'
45" West a distance of 80.00 feet to a point at the dividing line between Lots #19 and #20; thence along the dividing line between
Lots #19 and #20 North 09° 45' 15" West a distance of 170.00 feet to a point at the dividing line between Lots #19, #20 and//23;
thence along the dividing line between Lot #19 and Lots #23 and #24 North 80° 14' 45" East a distance of 80.00 feet to a point on the
western line of lands now or late of The Most Reverend Joseph T. Daily, Bishop of The Harrisburg Diocese of The Catholic Church;
thence along the western line of said lands of The Most Reverend Joseph T. Daley South 09° 45' 15" East a distance of 70.00 feet to a
point on the southwest comer of said lands on The Most Reverend Joseph T. Daley and the dividing line between Lots #18 and #19;
thence along the dividing line between Lots #18 and #19 South 09° 45' 15" East a distance of 100.00 feet to a point on the northern
right-of-way line of Blue Spruce Drive, said point being the place of BEGINNING.
CONTAINING approximately 13,600.00 square feet.
BEING Lot #19 as shown on the Final Subdivision Plan of Penn Valley, Phase 4, recorded in Plan Book 82, Page 67.
STIPULATION AGAINST LIENS.DOC