HomeMy WebLinkAbout03-4238S t, ip ulatic,~,~, Against Liens
DUANE G CLARK and TANYA
K CLARK, HUSB/IND .4ND
WIFE
Owner
FOGARTY HOMES, INC.
Contractor
~n t~e ~ourt o( ~ommon ~(~a~ ~oul~t~ o(
Cumberland
Docket Number
Page Number
· Pennsylvania
~Dereas, FOGARTY HOMES, INC. ('Contractor") has entered into a contract with DUANE G CLARK and TANYA K
CLARK, HUSBAND AND WIFE ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING upon the
lot of ground known as 44 BLUE SPRUCE DRIVE, EAST PENNSBORO TOWNSHIP, ENOLA, PA 17025, Cumberland,
PENNSYLVANIA described in Exhibit "A" hereof, of which DUANE G CLARK and TANYA K CLARK, HUSBAND AND
WIFE is the title holder of record; and
:~gl~re~, 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.
ROW, ~:~i~ ~lZr¢emellt '~itnes;~;et[l: 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.
~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 erection,
construction and completion of the building as well as to any work and labor done and materials furnished under the
contract aforesaid.
~(rlb, 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, flied 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.
STIPULATION AGAINST LIENS.DOC
File No. 03-427
ALL THAT CERTAIN tract or parcel of land situate in the Townsl~p of East Pennsboro Township, Cumberland Co,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the western right of way line of Blue Spruce Drive (50 feet wide) at the dividing line between Lots Nos. 30
and 31 as shown on the hereinafter mentioned Plan of Lots; thence along the fight of way line of Blue Spruce Drive South 09 degrees
45 minutes 15 seconds East a distance of 50.00 feet to a point; thence continuing along the same by a curve, curvh~g to the left having
a radius of 200.00 feet and an arc length of 30.01 feet to a point at the dividing line between Lots Nos. 31 and 32; thence along the
dividing line between Lots Nos. 31 and 32 South 71 degrees 39 minutes 00 seconds West a distance of 103.41 feet to a point at the
dividing line between Lots Nos. 31, 32 and 70; thence along the dividing line between Lot No. 31 and Lots Nos. 70 and 71 North 09
degrees 45 m/nutes 15 seconds West a distance of 95.35 feet to a point at the dividing line between Lots 30, 31 and 71; thence along
the dividing line between Lots Nos. 30 and 31 North 80 degrees 14 minutes 15 seconds East a distance of 100,00 feet to a point on the
western right of way line if Blue Spruce Drive, said point being the place of BEGINNING.
CONTAINING 8,801.75 square feet.
BEING Lot No. 31 as shown on the Final Subdivision Plan of Penn Valley, Phase 4, recorded in Plan Book 82, Page 67.
ULATJON AGAINST LIENS.DOC