HomeMy WebLinkAbout07-6871Stipulations Against Liens
Matthew F. Farrell and Rachel S.
Farrell
Oluncr
C J Remodeling
In the Court of Common Pleas County of
Cumberland Pennsylvania
Docket Nr:n2ber !~ 7_ G ~ ?/ /~ ~C~ T~..,
Term 2007
Page Number
Contractor
Whereas, C J Remodeling ('Contractor") of 6009 A. Willow Spring Road, Harrisburg, PA 17111
has entered into a contract with Matthew F. Farrell and Rachel S. Farrell ("Owner's of
~ in 3 ~ •~~ ~s ~ . ~ ~ics>~ , e4 for the erection or construction of a
51NGLE FAMILY DWELLING upon the lot of ground known as 110 S. Saint John's Road, Lower
Allen Township, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which
Matthew F. Farrell and Rachel S. Farrell 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 fumished 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 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 ~ filed or maintained
against the building, improvements, lot of ground or any part hereof, or the cartilage or cartilages
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 attorney for
Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the
i ~`
Exhibit A
ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen,
County of Cumberland and State of Pennsylvania, being more particularly bounded and
described according to a "Map of Property for Donald L. and Fay L. Swenson", by
Charles W. Junkins, Registered Surveyor, dated May 11, 2007, as follows, to wit:
BEGINNING at a point on the westerly line of St. John's Road at the southeast corner of
lands now or formerly of Matthew F. Farrell, one of the Grantees herein; thence along
said westerly line of St. Johns road by a curve to the right having a radius of 105.00 feet
and a chord bearing of South 17 degrees 22 minutes 46 seconds West, an arc distance of
2.11 feet to a point; thence continuing along the same South 14 degrees 36 minutes 10
seconds West (erroneously set forth in Present Deed as East), a distance of 117.41 feet to
a point; thence continuing along the same South 09 degrees 03 minutes 28 seconds West,
a distance of 206.14 feet to a point at the corner of lands now or formerly of Heartland
Properties Limited; thence along the line of said lands now or formerly of Heartland
Properties Limited North 81 degrees 43 minutes 32 seconds West, a distance of 143.43
feet to a point; thence continuing along the same South 37 degrees 07 minutes 28 seconds
West, a distance of 63.20 feet to a point; thence continuing along the same North 59
degrees 43 minutes 32 seconds West a distance of 174.00 feet to a point; thence
continuing along the same South 76 degrees 07 minutes 28 seconds West, a distance of
82.48 feet to a point; thence continuing along the same North 59 degrees 12 minutes 32
seconds West a distance of 41.12 feet to a concrete monument on the easterly legal right
of way line of U.S. Route 15 (S.R. 0015); thence along the said legal right of way line of
U.S. Route 15 (S.R. 0015) by a curve to the left having a radius of 5,819.65 feet and a
chord bearing of North 50 degrees 41 minutes 48 seconds East, an arc distance of 177.07
feet to a point; thence continuing along the same, South 40 degrees 10 minutes 27
seconds East, a distance of 117.00 feet to a point; thence continuing along the same North
37 degrees ~ 30 minutes 36 seconds East; a distance of 207.76 to a point at the
southwesterly corner of the aforesaid land now or formerly of Matthew F. Farrell, one of
the Grantees herein; then'c'e continuing along the line of said lands now or formerly of
Matthew F. Farrell, one of the Grantees herein, North 68 degrees 02 minutes 36 seconds
East, a distance of 187.37 feet to a point on the westerly line of St. John's Road, the point
and place of BEGINNING.
CONTAINING 75,574 square feet, or 1.735 acres, more or less.
HAVING THEREON erected a stone house, with a barn, known and numbered as 110
South St. Johns Road.
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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.
Signed and sealed in th of:
Matthew F. Farrel ner
Ra S. a 11, ner
C J em eling
By: Jeff Lebo, Contractor
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