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HomeMy WebLinkAbout00-07714 '.~ . .. ''- ~ ,~ '. >;~, , ~%;i" stipulations Against Liens -"ii' MARK A. ROSINI, single man and HOLLY L. MARSHALL, single woman Owner In the Court of Common Pleas County of 9""y--- Cv""l7e~1) J;)B"J!.~in , Pennsylvania Docket Number t!ltJ - 7 lit( ;n L-b Term 19 FOGARTY HOMES Page Number Contractor Whereas, Fogarty Homes ('Contractor") of 4701 N. Front St., Harrisburg, Pa 17110 . has entered into a contract with MARK A. ROSINI, single man and HOLLY L. MARSHALL, single woman ("Owner") for the erection or construction of a SINGLE FAMILY DW.e-~G!fr~~9J),lre lot of ground known as 50 STATE ROAD, MECHANICSBURG, PA 17050, SILVER SPRING TOWNS!-flP," tCounty , PENNSYLVANIA described in Exhibit "A" hereof, of which MARK A. ROSINI, single man and HOLLY L. MARSHALL, single woman is the title holder of record; and Whereas, 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. Now, This Agreement Witnesseth: 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. 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 erection, construction and completion of 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 flied 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 anyone 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. Witness our hand and seal the day and year aforesaid. Signed and sealed in the presence of: , , "SS260--00073 /r Ji/ l .~' "" . ..,., ".'" '.L-L....... :' , ',", '.- :~.. ':- -- ,. " -' -, - " - , - - -, ~;i'<,-, :. , 0 0 "-.r; ~ 0 -n "'" 0 ..- '"U ,.0 (J ,,_.. .--' " ~m -I '- ::0 W -~...t\-Tj Z!i- ~qy ~:Z "':::'iC) <;:0 -u {~~~ ~8 :x ~ ocn >c: s;! ~ 'W :0 <T> -< III ---"--" :-, .... File No. 00-2961 ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, being more fully bounded and limited as follows, to wit: BEGINNING at a railroad spike in the centerline of State Road 21012; thence extending through said centerline and along lands of Konhaus Estates North twenty (20) degrees forty-two (42) minutes thirty-one (31) seconds West two hundred twenty-four and seventy-six hundredths (224.76) feet to an iron pin at lands of the Grantor herein; thence along the last mentioned lands the following courses and distances; North eighty-two (82) degrees zero (0) minutes zero (0) seconds East two hundred twenty-four and thirty-seven hundredths (224.37) feet to an iron pin; thence South eight (8) degrees zero (0) minutes zero (0) seconds East two hundred nineteen and twenty-six hundredths (219.26) feet to a point in the centerline of State Road 21012; thence in and along said centerline South eighty-two (82) degrees zero (0) minutes zero (0) seconds West one hundred seventy-four and ninety-two hundredths (174.92) feet to a railroad spike and the point of the aforementioned State Road 21012 and the place of BEGINNING. IT BEING LOT NO. 1 of a final minor subdivision plan for Charles R. Hess, prepared by Robert G. Hartman, Professional Engineer, recorded in the Recorder of Deeds Office on May 4, 1989, in Plan Book 58, Page 5. TSS260M00073 '-'- ~ \'\J ~ "J "V [!i , ... ,'. fl.. Ii I': Iii I!' ql I,' " ;1' ill 'II II Ii [I Iii II " Ii ! I ,i :: '1\ , II " Ii " \1 II II ;1 I I ~~ ;!!.., 1\\"" ~ ~ 't ~1 ~ r 0 0 (_C~i 0 ~:Oq c: S': :::> "_;I -oen '" :"-~~~~ f1lm -; Z::D w .,~, ,~) zc: Z~.~~h (J);2 ?CJ -::t" ""D gf'?, '< ::z: ~8 r:? :J>c );! ~ w ~ <1' ~ ~ -{ ~