HomeMy WebLinkAbout03-4037~pulations Against Liens
KEVI~ D SWAILES and
K.4 THLEEN A S}VAILES
FOGARTY HOMES, INC.
Contractor
~n tl~e Court at Cammon ~l[ta~ Count~, of
Cumberland
Docket Number
Page Number
, Pennsylvania
Term 20039
~910tr,a~, FOGARTY HOMES, lNG. ('Contractor") has entered into a contract with KEVIN O SWAILES and KATHLEEN
A SWAILES ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known
as 46 BLUE SPRUCE DRIVE, EAST PENNSBQRO TOWNSHIP, ENOLA, PA '17025, Cumberland, PENNSYLVANIA
described in Exhibit "A" hereof, of which KEVIN D SWAILES and KATHLEEN A SWAILES is the title holder of record; and
~£r~a~, 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 labo
or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived
hereby.
..~o~, ~l~is Agre~mgnt ~J~)itn~s~;¢ti): 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 intendin.(
to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors,
materialman, 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 laborer
shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done.
~[nb 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 erectio
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 Ple~
of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney t
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 subcontract{
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 manr
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:
KATH~ILES
STIPULATION AGAINST LIENS.DOC
ALL THAT CERTAIN tract or parcel of land 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 Blue Spruce Drive 950 feet wide) at the dividing line between Lot Nos.
30 and 72 as shown on the hereinafter mentioned Plan; thence along the right of way line of Blue Spruce Drive by a curve, curving to
the right in a southerly direction having a radius of 150~00 feet and an arc length of 184,64 feet to a point at the dividing line between
Lots Nos. 30 and 31; thence along the dividing line between Lots Nos. 30 and 31 South 80 degrees 14 minutes 45 seconds West a
distance of 100.00 feet to a point at the dividing line between Lots Nos. 30, 31 and 71; thence along the dividing line between Lot No.
30 and Lots No. 71 and 72 North 09 degrees 45 minutes 15 seconds West a distance of 141.42 feet to a point on the southern right of
way line of Blue Spruce Drive and being the place of BEGINNING.
CONTAINING 10,312,76 square feet,
BEING Lot No. 30 as shown on the Final Subdivision Plan of Perm Valley, Phase 4, recorded in Plan Book 82, Page 67.
STiPULATiON AGAINST LIENS,DOC