HomeMy WebLinkAbout00-07357
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StipUJ:lrori~ A~ainst Liens
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Luigi l"'erlini and Sandra L.
Merlini, husband and wife
Jln tbe Q[;ourt of Q[;ommon llleali Q[;ouutl' of
Owner
Cumberland
, Pennsylvania
Docket Number 0-0. 'l,'qS1 /V(jJJ
Term 2000
Fogarty Homes, Inc.
Page Number
Contractor
Wbereali, Fogarty Homes, Inc. ('Contractor") of 4701 North Front Street, Harrisburg, Pa 17110 has entered into a
contract with Luigi Merlini and Sandra L. Merlini, husband and wife ("Owner") of for the erection or construction of a
SINGLE FAMILY DWELLING upon the lot of ground known as Lot 178, Enola, PA 17025, , Township of East Pennsboro,
Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which Luigi Merllni and Sandra L. Merlini, husband and
wife is the titie hoider of record; and
Wbereas, it is the intention of Owner and Contractor that neither said iot of ground nor the improvements erected or to be
erected thereon shaii be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor
or materiais furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived
hereby.
.flow, {!!;bili mgreement Witnelilietb: That Contractor, for and in consideration of the contract aforesaid and the
considerations mentioned thereunder, as well as the further consideration of One Doiiar ($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 legaiiy bound hereby, does hereby covenant, promise and agree, for Contractor and any and aii subcontractors,
materiaimen, iaborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or
claim of any kind whatsoever shaii be filed or maintained against the building, improvements, lot of ground or any part
hereof, or the curtilage or curtiiages appurtenant thereto by anyone, and that aii subcontractors, materialmen and laborers
shall look to and hold Contractor personaiiy liabie for aii subcontracts, materials furnished and work and labor done.
mnb this agreement, waiving the right of lien by anyone, shaii be an independent covenant and shaii 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 weii as to any work and labor done and materials furnished under the
contract aforesaid.
mull, in order to give the Owner fuii power and authority to protect Owner and the building, improvements and lot of
ground, against any and aii claims filed by Contractor or anyone acting under or through Contractor in violation of the
foregoing covenant, Contractor hereby irrevocabiy 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 aii 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 shaii be good and sufficient warrant and authority, and a reference to the Court,
Term and Number in which this instrument shaii have been filed shaii be a sufficient exhibit of the authority herein
contained to warrant such action, and the Contractor does hereby remise, release, and quit claim aii rights and aii manner
of errors, defects and irnperfections whatsoever in entering such satisfaction of in anywise touching or concerning the
same.
Witness our hand and seal the day and year aforesaid.
Jf;}~>I\ f1'", tM-M,
~u/;./ AVJJ A~/1
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Signed and sealed in the presence of:
NOTARIAL SEAL
KRISTEN A. RAFUSE. Notary Public
west Hanover Twp., Dauphin County
My Commission ExplI'GlS Sept. 1. 2003
STIPULATION AGAINST L1ENS.DOC
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File ~o. 00-317
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ALL THAT CERTAIN tract or parcel ofland 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 southern right-of-way line of Box Elder Court cul-de-sac at the dividing line between lots #178 and
#179 as shown on the hereinafter mentioned plan; thence along the dividing line between lots #178 and #179 South eleven degrees
thirty-nine minutes thirty-nine seconds (11039'39") West a distance of one hundred forty-seven and fifty hundredths (147.50) feet to
a point at the dividing line between Lots #183 and #184, Phase 2 and lots #178, #179 and #185 Phase 3; thence along the dividing line
between lot #178 and lots #185 and #186 North thirty-one degrees one tenth minutes fIfty-eight seconds (310 01' 58") West a
distance of one hundred ninety-nine and thirty-six hundredths (199.36) feet to a point at the dividing line between lots #177, #178,
#183 and #187; thence along the dividing line between lots #177 and #178 North eight-one degrees zero minutes zero seconds (8100'
0") East a distance of ninety-four and forty-seven (94.47) feet to a point on the western right-of-way line of Box Elder Court cud-de-
sac; thence along the right-of-way line of Box Elder Court cul-de-sac by a curve, curving to the left in a southerly direction having a
radius of fifty (50.00) feet and an arc length of sixty and fifty-one hundredths (60.51) feet to a point, said point being the place of
BEGINNING.
BEING Lot #178 as shown on the Final Subdivision Plan of Penn Valley, Phase 3, recorded in Plan Book 78, Page 114. Containing
approximately 11,835.97 square feet.
STIPULATION AGAINST LIENS.DOC
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