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HomeMy WebLinkAbout01-0516 FX ",f~'~ " .c.: ~ >. .0 't, " I s:;~ula'tjo<~s Against liens -,to tJ 4A/J./ DAN v AN NGUYEN and..4/#J1l NGOC T. NGUYEN, Husband and Wife ]In tbe QCourt of QCommon illeas QCountp of ~ . Owner Cumberland 0/- ~/b mil) 1'inY'( , Pennsylvania Docket Number j~ ~"d ~~J Page Number Fogarty Custom Built Homes, Inc. Home Builders, Inc. Contractor Wberells, Fogarty Custom Built Homes, Inc. ('Contractor") of 4701 North Front Street, Harrisburg, PA 17110 has entered into a contract with DAN VAN NGUYEN and ANN NGOC T. NGUYEN, Husband and Wife ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 179, Phase III, East Pennsboro Township, Enola, PA 17025, , ,Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which DAN VAN NGUYEN and ANN NGOC T. NGUYEN, Husband and Wife is the title holder of record; and Wbereas, 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. ~oh:J, ij];bis ~!Jreement Witnessetb: 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. ~nlJ 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 iabor done and materiais furnished under the contract aforesaid. ~nlJ, 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 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 all claims or ciaim, liens or iien, 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 seai the day and year aforesaid. Signed and sealed in the presence of: ~' hwv N1~ STIPULATION AGAINST LIENS. DOC lIIl.i " ~.o1iI "":'~l. "t' ._~ I " (F~e No.'01-1 02 - " " ALL THAT CERTAIN tract or parcel ofland situate in the Township of East Pennsboro, Connty of Cumberland, Commonwealth of Pennsylvania. more particularly bounded and described as follows: BEGINNING at a point on the southern right-of,way line Box Elder Court (50 'wide) at the dividing line between lots No. 178 and No. 179 as shown on the hereinafter mentioned plan; thence along the southern right-of-way line of Box Elder Court by a curve, curving to the left having a radius of 50.00 feet and an arc length of 54.52' feet to a point at the dividing line between lots No. 179 and No. 180; thence along the dividing line between lots No. 179 and No. 180 South 50 degrees 48 minutes 47 seconds East a distance of 25.00' . feet to a point; thence continuing along the same and along the dividing line between Lot No. 179 and No. 181 South 09 degrees 00 minutes 00 seconds East a distance of 124.12' feet to a point at the dividing line between lots No. 179 and No. 181 and lots No. 182 Plan of Phase 2 of Penn Valley recorded in Plan Book 71, Page 102 and Lot 183 revised Plan of Penn Valley recorded in Plan Book 26, Page 107; thence along the dividing line between Lot No. 179 and No. 183 South 78 degrees 42 minutes 49 seconds West a distance of 119.78' feet to a point at the dividing line between Lots No. 183, No. 184 Phase 2 and lots No. 178, No. 179 and No. 185; thence along the dividing line between lots No. 178 and No. 179 North 11 degrees 39 minutes 39 seconds East a distance of 147.50' feet to a point on the southern right-of-way line of Box Elder Court, said point being the place of BEGINNING. BEING Lot No. 179 as shown on the Final Subdivision Plan of Penn Valley, Phase 3, recorded in Plan Book 78, page 114. CONTAINING approximately 12,632.77 square feet. STIPULATION AGAINST L1ENS.DOC ... ---':_:,,:,-"-~""""~ ~~ , " , -~ICC HLFD-O\~r.-- 17- O~ -~, ',',: C:O;-,ri-iV' 'hOTPHY r ; ~ '-" _ ' , ,.j -, j 01 JAH211 PI1 ~:o2 C' IMBEFl\.AND COUN1Y U PENNSYLVANIA 1? f!/D.co?cL C~LP~....J ~~ QL--l1. 6<7r...s-7 ,:Z.::fl /6r... 7 &. 6 ~ I J I