The URL can be used to link to this page

Home My WebLink About07-1477 , 30 Stipulations Against Liens Zachary M. Flynn and Maureen L Flynn In the Court of Common Pleas County of Owner Cumberland , Pennsylvania Docket Number 07- Jtl77 M LD Term 2007 RJK Designs Contractor Page Number Whereas, RJK Designs ('Contractor") of 429 Bemheisel Bridge Road, Car1isle, PA 17013 has entered into a contract with Zachary M. Flynn and Maureen L. Flynn ("Owner") of 6333 Stephens Crossing, Mechanicsburg, PA 17050 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #4, Grey Goose Circle, Borough of Car1isle, Cumber1and County, PENNSYLVANIA described in Exhibit "A" hereof, of which Zachary M. Flynn and Maureen L. Flynn 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 ofthe 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 fumished 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 fumished 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 fumished 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 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 attomey 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: 511 P1; t f fJ1 JlJA. C rl cMo7 Jz2 ~ ~/ oJ MMONWEALTH OF PENNSYLVANIA NOTARIAL Sf L BRUCE K Z!MMERMAN. NOTARY PUBLIC CiTY OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES JAN. 29, 2011 By: Adin S. Kenes, Contractor . .. File No. C30-912 ALL THAT CERTAIN lot or parcel of land known as Lot NO.4 in the Township of Middlesex, County of Cumberland and Commonwealth of Pennsylvania, more particularly described in a Subdivision Plan prepared by Hartman and Associates, Inc., approved by Middlesex Township and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 77, Page 148, recorded November 8, 1999. BEGINNING at a point on the cul-de-sac of Grey Goose Circle on the aforesaid plan having a radius of 60 feet and an arc length of 164.18 feet to a point; thence continuing along the aforesaid Grey Goose Circle cul-de-sac with a radius of 25 feet and a length of 23.55 feet to a point; thence continuing along Grey Goose Circle south 26 degrees 11 minutes 48 seconds west, a distance of 124.36 feet to a point; thence south 40 degrees 56 minutes 04 seconds west, a distance of 86.93 feet to a point being the southeast corner of lands now or fonnerly of Roger K. Potteiger; thence continuing along the lands now or fonnerly of Roger K. Potteiger north 46 degrees 16 minutes 25 seconds west, a distance of208.02 feet to a point; thence along Lot NO.5 on the aforesaid plan north 36 degrees 56 minutes 58 seconds east a distance of207.57 feet to a point; thence continuing along Lot NO.5 on the aforesaid plan north 51 degrees 43 minutes 02 seconds west, a distance of 238.78 feet to a point; thence along Lot NO.9 on the aforesaid plan north 42 degrees 21 minutes 58 seconds east, a distance of93.70 feet to a point; thence continuing along Lot NO.9 on the aforesaid plan north 52 degrees 13 minutes 58 seconds east, a distance of 109.78 feet to a point; thence continuing along Lot No. 10 on the aforesaid plan north 52 degrees 13 minutes 58 seconds east, a distance of 154.56 feet to a point; thence north 38 degrees 16 minutes 58 seconds east, a distance of 50.00 feet to a point along lands now or fonnerly of Kenneth E. Deitch; thence continuing along lands now or fonnerly of Kenneth E. Deitch South 51 degrees 43 minutes 02 seconds east, a distance of 179.86 feet to a point; thence continuing along lands now or formerly of Kenneth E. Deitch North 44 degrees 26 minutes 58 seconds east, a distance of 531.93 feet to a point; thence along lands now or fonnerly of the United States of America National Park Service south 28 degrees 15 minutes 02 seconds east, a distance of209.48 feet to a point; thence along lands of Lot NO.3 on the aforesaid plan south 44 degrees 26 minutes 58 seconds west, a distance of 490.92 feet to a point; thence continuing along Lot NO.3 on the aforesaid plan south 39 degrees 30 minutes 18 seconds west a distance of244.54 feet to a point, the place of BEGINNING. CONTAINING 300,389.16 square feet, more or less, or 6.8960 acres, more or less. 8 g -69. -05:, == (":) ~ (L m 01 -- ~ ~ ~ Z:: -"93 ~ * C'1> lit: o5~. :0 ~ ~ 0 ~e~; ~ ~ ~ ~Q cp 0" S>~: Z I ~ 64 _01.. G'''' 8 8 ~ :i ;4 <:? ~ N ~ W -<