HomeMy WebLinkAbout09-0218Stipulations Against Liens
Jesse E. Hoover and Amy Hoover
Owner
Fred A. Tiday Builders, Inc.
contractor
~fn tfje Q'Court of common ~Ceag Q~ountp of
Cumberland
Pennsylvania
Docket Number Q Q .. ,Z l S /'Yj~,(~ Term 20
Page Number
'~fjereag, Fred A. Tiday Builders, Inc. ("Contractor") of /'-~0~'` i~~ /~QGU~Vl~4S/C~,slls'J/~ /~~a
entered into a contract with Jesse E. Hoover and Amy Hoover ("Owner") of 4085 Caissons Court, Enola, PA 17025, for the
erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 1770 Eliza Way,
Mechanicsburg, PA 17050Hampden Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of
which Jesse E. Hoover and Amy Hoover are the title holder of record; and
~lijereag, 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.
,tom, ~Cfjig agreement ~itne~gettj: 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 fumished 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.
~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 impertections whatsoever in entering such satisfaction of in anywise touching or concerning the
same.
Witness our hands and seals the day and year aforesaid. ~~ ~,~~~9
Signed and sealed in the presence of:
~ ~ 4
File No. 08262
ALL THAT CERTAIN piece or parcel of land located in Hampden Township, County of Cumberland, and Commonwealth
of Pennsylvania in accordance with a plan entitled "Final Subdivision Plan for Watts Tract", dated August 19, 1999 and last
revised July 25, 2000.
BEGINNING at an iron pin to be set located along the eastern right-of-way line of Eliza Way at the dividing line between
Unit 24 and Unit 23 as shown on the above said plan; thence along Unit 24, South 84 degrees 13 minutes 18 seconds
East, a distance of 284.85 feet to an iron pin to be set along the line of Unit 16; thence along Unit16, South 02 degrees 37
minutes 05 seconds West, a distance of 50.02 feet to an iron pin to be set at the dividing line of Unit 22 and Unit 23;
thence along Unit 22, South 64 degrees 01 minutes 16 seconds West, a distance of 315.37 feet to an iron pin to be set
along the eastern right-of-way line of Eliza Way; thence along Eliza Way the following two (2) courses and distances: (1)
Along a curve to the right having a radius of 300.00 feet, a delta angle of 20 degrees 44 minutes 56 seconds, an arc
length of 108.64 feet and a chord bearing and distance of North 04 degrees 35 minutes 46 seconds West, 108.05 feet, to
an iron pin to be set; (2) North 05 degrees 46 minutes 42 seconds East, a distance of 109.64 feet to an iron pin to be set at
the dividing line between Unit 23 and Unit 24, the place of BEGINNING.
CONTAINING 0.898 acres of 39,098 square feet more or less.
SUBJECT to all covenants and agreements of record.
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