The URL can be used to link to this page

Home My WebLink About00-05779 ~- ,; ,Y " - .J~Jtc #l--.iJl.- . 0:)- S719 mL--D STIPULATION AGAINST MECHANICS' LIENS THIS AGREEMENT made and concluded on 08/18/00 BETWEEN JOSEPH c. FACINI and DEBORAH L. KUNKEL of XXX KINGS DRIVE ,MECHANICSBURG,PA 17055 , party of the first part (hereinafter called "Owner") AND FRED TIDAY BUILDERS, INC. of 19 SKYLINE DRIVE,MECHANICSBURG, PA 17055-1751 party of the second part (hereinafter called "Contractor"), WHERE~S, the said parties,have by a d~ly executed Agreement under seal, bearlng even date herewlth entered lnto a written contract for the completion of a single family residence to be erected on the lot of ground situate in Cumberland County, Pennsylvania, known as SEE ATTACHED FOR COMPLETE LEGAL DESCRIPTION WHEREAS, the said parties agree that construction will not commence prior to 08/18/00. NOW THIS AGREEMENT WITNESS: That the Contractor for and in consideration of the contract aforesaid and and the consideration of One ($1,00) Dollar to him in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise, and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any subcontractor, materialmen, or laborers for work done, or materials furnished under said contract or by any other party acting through or under them or any of them for and about said building or buildings or any part thereof, or in credit thereof, and that all subcontractors, materialmen and laborers on said work shall look to and hold Contractor personally liable for subcontractors, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatsoever against Owner for any work done or labor or materials furnished under said contract for and about their errection, construction, and completion of said buildings as aforesaid, or under any contract for extra work or for work supplemental thereto or otherwise. AND this agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the errection, construction, and completion of the said building or buildings as 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 himself and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or it is in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it or any of them, in any of the said Courts of Common Pleas as Attorney for him, them or it and in him, their, its, name, mark satisfied or record at the cost and expense of the Contractor or of any Subcontractor or Materialmen, or any and all claims or claim, liens or lien, filed by or for the Contractor, or any Subcontractor or Materialmen, or in his or their name against said building or buildings, lot or lots 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 whi~h,and where this Agreement shall have been flled shall be a sufflclent exhibit of the Authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit-claim al,l rights, and manner.of er;r-ors, de:>fects and imperfections whatsoever In enterlng such satlsfactlon or In anYWlse touching or concerning the same. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above written. ~/ ~(~ ~;:?1.:~ E ORAH L. K EL FRED TIDAY BUILDERS, INC. B''T. " . ...... ." ,."~ EXHIBIT "A" ALL THAT CERTAIN tract of land situated in Hampden Township, Cumberland County, Pennsylvania, being Lot No, 27, as shown on Kingswood, Final Subdivision Plan of Phase VA, dated February 9,1993, by Penn Terra Engineering, Inc., State College, Pennsylvania, and recorded in Cumberland County Plan Book 65, Page 144, being bounded and described as follows: BEGINNING at an iron pin lying in a southerly right-of-way of Kings Circle (50- foot right-of-way) and being a northerly corner of Lot No. 33; thence along Lot No. 33, South 42 degrees 31 minutes 07 seconds West, 211,58 feet to an iron pin, being a westerly corner of Lot No. 33 and lying in a northerly corner of Future Phase VC; thence along said lands, South 88 degrees 52 minutes 45 seconds West, 20.27 feet to an iron pin, being a westerly corner of said lands and lying in an easterly right-of-way of Orrs Bridge Road (46.5-foot right-of-way); thence along said right-of-way, along a curve to the right, having a chord bearing of North 06 degrees 41 minutes 21 seconds West, a chord distance of 31,62 feet, a radius of 353.06 feet, and an arc distance of 31,63 feet to an iron pin; thence continuing along said right-of-way, North 04 degrees 07 minutes 20 seconds West, 153,74 feet to an iron pin lying in said right-of-way and being a southerly corner of Lot No, 26; thence along Lot No, 26, North 70 degrees 23 minutes 32 seconds East, 136,68 feet to an iron pin, being an easterly corner of Lot No, 26 and lying in a westerly right-of-way of Kings Circle; thence along said right-of-way along a curve to the left, having a chord bearing of South 33 degrees 32 minutes 40 seconds East, a chord distance of 89,12 feet, a radius of 185,00 feet, and an arc distance of 90,00 feet to an iron pin, being the place of BEGINNING, CONTAINING 0.54 acre or 23,480 square feet and being known and numbered as 1208 Kings Circle, Lot No, 27 is subject to a 30-foot sign and landscape easement along its Orrs Bridge Road right-of-way frontage. BEING part of Tract No, 2 of a Corrective Deed from Pamay Development Co., Inc" a Pennsylvania corporation, dated and recorded March 24, 1993, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book E-36, Page 607, granted and conveyed unto Pamay Development Co., Inc" a Pennsylvania corporation, /13687 ~U!W.,j(,*~\<iWi'"'~itJill:,iAAli:~~11l~~!1o:cljjb''''-~",'i-',!' _J! i;~:Cf,~",J'~il'ii.'@@~J;i%t'iJ!ilh:,{,,(~.;. :!l<I,d, "-,, ",' ,,-",-,"...w;,~"_"'~'-' -'iclJ!oJi~!)\i.l~I~,,*,,~~'~""'"~llll'''' ,,~~ ,:,,~"j:\'~)~" .~-- ". '>', , Ii I . 0 () 0 0 lJ ~ c C) '-n ~ CS ---c: Do f!;:. nlf11 '.- .., Z:Ci G'"J r 0 zr" !"-' '-Jm Ujd:;; ,'-, '-)0 (). , , ---- -,.r::,. -':::;Cl D ?\i c::.:c.: ::::--~, -,-C, >r--. (:SF) 0 ,;; LJ 20 C?? OiTl >c ~ ---:J P-- ~ ~ { N (T\ '< N 9 rv ~ 0 r-. p ~ ~ - r<r r ft