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HomeMy WebLinkAbout08-3373~ ti Stipulations Against Liens TODD R. ROMBACHAND JILL L. ROMBACH Owner HOME DESIGNS UNLIMITED, LLC MAY 16, 2008 31n tfje court of ~onYmon ~tea~ c~ountp of Cumberland .Pennsylvania Docket Number (~ ~ - 3.3 '7 ~ IZ'- 1. Jr Term 20 Contractor Page Number ~fjerea~, HOME DESIGNS UNLIMITED, LLC ("Contractor") of PO BOX 387 NEW KINGSTON, PA 17072, has entered into a contract with Todd R. Rombach and Jill L. Rombach ("Owner") of 18 Woodmyre Lane, Enola, PA 17025, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 1112 Saffron Drive, Lot 473, Mechanicsburg, PA 17050Hampden Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Todd R. Rombach and Jill L. Rombach are the title holder of record; and ~~jerea~, 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. .~otb, ~Cfjf~ ~greemeut ~ftneg~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, 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. ~IYD, 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 hands and seals the day and year aforesaid. ~--~ - TODD R. ROMBACH JILL OItABACH H E IGNS UNLIMITED, LLC DAVID R. THOMI'SON, MEMBER Signed and sealed in the presence of: ~ ~ File No. 29313ROMBACH ALL THAT CERTAIN tract or lot of land, situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the northern dedicated right-of-way line of Saffron Drive at the dividing line of Lot #472 and subject premises; Said point also being located 72.56 feet East of the southern extremity of an arc connecting the northern dedicated right-of-way line of Saffron Drive (50 feet wide) and the eastern dedicated right-of-way line of Barnstaple Road (50 feet wide); THENCE by line of Lot #472 North 30 degrees 57 minutes 19 seconds East 120.21 feet to a point; Thence by line of Lot #487 South 44 degrees 32 minutes 05 seconds East 53.73 feet to a point; Thence by line of Lot #486 South 39 degrees 18 minutes 26 seconds East 87.07 feet to a point; Thence by line of Lot #474 South 56 degrees 44 minutes 18 seconds West 108.01 feet to a point; Thence by the northern dedicated right-of-way line of Saffron Drive by a curve to the left having a radius of 200.00 feet and an arc length of 90.00 feet to a point, the place of beginning. CONTAINING 12,663 sgaure feet. BEING lot #473 as shown on the Final Subdivision Plan of the Highlands of Hampden Square, Phase V, recorded in Plan Book 69, page 113. Being subject to a certain Pennsylvania Power & Light right-of-way and drainage easements as shown on the aforementioned subdivision plan. BEING the same premises which Highlands of Hampden Square Partnership, a Pennsylvania Partnership, by Deed dated July 14, 2005, and recorded July 26, 2005, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 270, Page 312, granted and conveyed unto Home Designs Unlimited, LLC, grantor herein. ALSO BEING the same premises which Home Designs Unlimited, LLC by Deed dated and about to recorded, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Todd R. Rombach and Jill L. Rombach, husband and wife, mortgagors herein. 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