HomeMy WebLinkAbout03-6277Stipula~(~ns Against Liens
JOSEF HABTEYES and
ASMERE T HAB TE YES,
HUSBAND AND WIFE
Fogarty HOmes, Inc.
t~n the Court o( Common ~ltea~ Countp o(
Cumberland
Docket Number
Page Number
· Pennsylvania
Term2003
~gljerea~;, Fogarty HOmes, Inc. ('Contractor") of North Front Street, Harrisburg, PA 17110 has entered into a contract
with JOSEF HABTEYES and ASMERET HABTEYES, HUSBAND AND WIFE ("Owner") of for the erection or construction
of a SINGLE FAMILY DWELLING upon the lot of ground known as 42 BLUE SPRING DRIVE, EAST PENNSBORO
TOWNSHIP, Enola, PA 17025,,, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which JOSEF
HABTEYES and ASMERET HABTEYES, HUSBAND AND WIFE is the title holder of record; and
~herea~:, 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.
~9-oW, ~;0iS ~reemgnt ~itnes~etl~: 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,
matedalmen, 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.
~[n~ 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.
Signed and sealed in the presence of:
ASMERET IIAI~TEYE.& _
STIPULATION AGAINST LIENS.DOC
~:ile No. 03-536
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 western right of way line of Blue Spruce Drive (50' wide) at the dividing line
between Lots #3l and #32 as shown on the hereinafter mentioned plan; thence along the fight of way line of
Blue Spruce Drive by a curve, curving to the left in a southeasterly direction having a radius of 200.00 feet and
an arc length of 72.78 feet to a point at the dividing line between Lots #32 and #33; thence along the dividing
line between Lots #32 and #33 South 50 degrees 48 minutes 05 seconds West a distance of 106.39 feet to a
point at the dividing line between Lots #32, #33, #68 and #69; thence along the dividing line between Lots #32,
#68, and #69 North 39 degrees 34 minutes 53 seconds West a distance of 97.84 feet to a point at the dividing
line between Lots #32, #69, and #70; thence along the dividing line between Lot #32 and Lots #69 and #70
North 09 degrees 45 minutes 15 seconds West a distance of 13.23 feet to a point at the dividing line between
Lots #31, #32 and #70; thence along the dividing line between Lots #31 and #32 North 71 degrees 39 minutes
00 seconds East a d/stance of 103.41 feet to a point on the western right of way line of Blue Spruce Drive, said
point being the place of BEGINNING.
CONTAINING 9,484.41 S.F.
BE1NG Lot #32 as shown on the Final Subdivision Plan of Penn Valley, Phase 4. Recorded in Plan Book 82,
Page 67.
STIPULATION AGAINST LIENS.DOC