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HomeMy WebLinkAbout03-5721Stipulations Against Liens DJiNIEL J. STENCOVAGE, AD UL T IND I VID UAL Fogarty HOmes, Inc. 3in the Court o! Common ~[ea~ Countp of Cumberland Docket Number 0~- 5-"42[ PqLD Page Number · Pennsylvania Term 2003 ~90erea~, Fogarty HOmes, Inc. ('Contractor") of North Front Street, Harrisburg,PA 17110 has entered into a contract with DANIEL J. STENCOVAGE, ADULT INDIVIDUAL ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 4 PAGODA COURT, EAST PENNSBORO TOWNSHIP, Enola, PA 17025,,, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which DANIEL J. STENCOVAGE, ADULT INDIVIDUAL is the title holder of record; and t~90erea$, 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. _¢2otU, ~;l)iS ~greement ~gitnes~et!~: 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, 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 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 sha~l 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. ~llb, in order to give the Owner full power and authority to protect Owner and the building, improvements and rot of ground, against any and afl claims fired 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. Signed and sealed in the presence o,: 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 northern right of way line of Pagoda Court Cul-De-Sac (100' wide) at the dividing line between Lots #25 and #26 as shown on the hereinafter mentioned plan; thence along the right of way line of Pagoda Court Cul-De-Sac by a curve, curving to the left in a southwesterly direction having a radius 50.00' feet and an arc length of 92.31; feet to a point; thence by a curve, curving to the right having a radius of 25.00' feet and an arc length of 30.77' feet to a point on the northem right of way line of Pagoda Court (50" wide) at the dividing line between Lots #26 and #27; thence along the dividing line between Lots #26 and #27 North 09 degrees 26 minutes 00 seconds West a distance of 165.59' feet to a point on the southern line of Lot #35, Plan #3 of Tremont; thence along the southern line of Lots #35, #34 and #33 of Plan #3 of Treemont North 80 degrees 14 minutes 45 seconds East a distance of 100.00' feet to a point at the dividing line between Lots #25 and #26; thence along the dividing line between Lots #25 and #26 South 04 degrees 17 minutes 00 degrees West a distance of 94.30' feet to a point on the northem right of way line of Pagoda Court Cul-De-Sac, said point being the place of BEGINNING. CONTAINING 9,637.92 S.F. BEING Lot #26 as shown on the Final Subdivision Plan of Penn Valley, Phase 4. Recorded in Plan Book 82, Page 67.