HomeMy WebLinkAbout01-05018Stipulations Against Liens
Jolzn L. Fulton and Sue Ann
Fulton, husband and wife
Owner
btu tTje (~ourT of QLnmmon ~Ieag f~nuutp of
Cumberland
Pennsylvania
Excel Interior Concepts and
Construction
Contractor
Docket NumberUl - s'al~ Mt„~ Term 2001
Page Number
~IJereaff, Excel Interior Concepts and construction ('Contractor") of 570 S. Third Street, Lemoyne, PA 17043 has
entered into a contract with John L. Fulton and Sue Ann Fulton, husband and wife ("Owner") of 113 Lighthouse Drive,
Mechanicsburg, PA 17055 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground
known as 113 Lighthouse Drive, Mechanicsburg, PA 17055, Cumberland County, PENNSYLVANIA described in Exhibit
"A" hereof, of which John L. Fulton and Sue Ann Fulton, husband and wife is the title holder of record; and
~Tjereatf, 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.
.~Dte, ?!Gfji>f ~greemettt ~ittte~ltetij: 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.
dub 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.
~nb, 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
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 any one 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. ~~5~ ~/ 1 2~jV / .
Excel IntgrPor Concepts and Construction
NOTARIAL SEAL
RACHELLE R. SCHREIBER, Ndary Public
Susquehanna Twp., Dauphin County
My Commission Expires Mac 5, 2~5
TSS260-00073
Signed and sealed in the presence of:
_,.•
File No. 01-15'4KS
ALL THAT CERTAIN tract or pazcel of land and premises, situate, lying and being in the Township of
Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as
follows:
BEGINNING at a point on the Northern line of Lenker Street, at the Southwest comer of Lot No. 5, Block "D",
as shown on the hereinafter mentioned Plan of Lots; thence by the dividing line between Lots Nos. 4 and 5,
Block "D", North 13 degrees OS minutes East, ninety-six and fifty-seven one-hundredths (96.57) feet to a point;
thence by the dividing line between Lots No. 3 and 4, Block "D" on said Plan, South 88 degrees 20 minutes 30
seconds East, one hundred thirteen and six one-hundredths (113.06) feet to a point on the Western line of
Lighthouse Drive; thence by the western line of Lighthouse Drive in a Southerly direction by an arc or curve to
the right with radius of one hundred fifty (150) feet, an azc distance of fifty-two and sixteen one-hundredths
(52.16) feet to a point; thence by the same, South 21 degrees 35 minutes West, fifty and sixty-one one-
hundredths (50.61) feet to a point; thence by an arc or curve to the right with radius of twenty (20) feet, an arc
distance of twenty-eight and forty-five one-hundredths (28.45) feet to a point in the Northern line of Lenker
Street; thence by the Northern line of Lenker Street, North 76 degrees 55 minutes West, eighty-four and eight-
nine one-hundredths (84.99) feet to a point, the place of BEGINNING.
BEING Lot No. 4, Block "D", in the Plan of Lots of Pinebrook Heights, which Plan is of record in the
Cumberland County Recorder's Office in Plan Book 19, at Page 27.
TSS260-00073
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