Loading...
HomeMy WebLinkAbout09-7267 Fll_!c-L , C 2: 2 99 OCT 21 F' 2.3 3 { U, r a / DD ?d G,cco A&I ? 3 ? -3 STIPULATION AGAINST LIENS Robert J. Mastrella and Shelley R. Mastrella Owner Classic Communities Corporation Contractor In the Court of Common Pleas of Cumberland County, Pennsylvania Docket Number 09 - dlo Term 2009 Page Number Whereas, Classic Communities Corporation ("Contractor") has entered into a contract with Robert J. Mastrella and Shelley R. Mastrella ("Owners") of 17 Easy Street, Lot 6, Hamlet Square, Mechanicsburg, PA 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 17 Easy Street, Lot 6, Hamlet Square, Silver Spring Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Owners are the title holders of record; and Whereas, it is the intention of Owners 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 by Owners 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. 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 Owners 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. 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 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. And, in order to give the Owners full power and authority to protect Owners 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, 1% liens or lien, filed by or for the Contractor, or any subcontractor or rnaterialman, 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. oc4 ber Ro lla Shelley R. Mastre a CLASSIC COMMUN MS CORPORATION By: O. Signed and sealed in the presence of: File No. 09-0034 ALL THAT CERTAIN tract of land situated in Silver Spring Township, Cumberland County, Pennsylvania, being Lot No. 6, as shown on a Plan entitled, "Hamlet Square, Final Subdivision Plan, Lot Dimensional Plan South," dated June 16, 2006, by Penn Terra Engineering, Inc., State College, Pennsylvania, being bounded and described as follows: BEGINNING at an iron pin, lying in an northerly right-of-way line of Easy Street and being an easterly corner of Lot No. 5; thence along said lot, North 13 degrees 44 minutes 11 seconds East 146.95 feet to an iron pin being a northerly corner of Lot No. 5 and lying in a southerly line of lands owned now or formerly by Halfred W. Wertz, II and Melanie A. Wertz; thence along said lands, North 76 degrees 18 minutes 50 seconds East 73.29 feet to an iron pin being an easterly comer of said lands and lying in a westerly line of lands owned now or formerly by Wayne R. Conrad, Trustee; thence along said lands, South 10 degrees 47 minutes 36 seconds East 212.84 feet to an iron pin lying in a westerly line of said lands and being a northerly comer of Lot No. 7; thence along said lot, South 79 degrees 12 minutes 24 seconds West 44.94 feet to an iron pin being a westerly corner of said lot and lying in an easterly right-of-way line of Easy Street; thence along said right-of-way along a curve to the left having a chord bearing of North 51 degrees 55 minutes 15 seconds West, a chord distance of 65.98 feet, a radius of 50.00 feet, and an arc length of 72.05 feet to an iron pin; thence continuing along said right-of-way along a curve to the right having a chord bearing of North 77 degrees 09 minutes 34 seconds West, a chord distance of 27.64 feet, a radius of 50.00 feet and an are length of 28.00 feet to an iron pin; thence continuing along said right-of-way along a curve to the left having a chord bearing of North 65 degrees 15 minutes 06 seconds West, a chord distance of 25.25 feet, a radius of 175.00 feet and an arc length of 25.27 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.453 acres. LOT NO.6 is subject to a 10 foot utility easement along its street frontage.