HomeMy WebLinkAbout01-0742Stipulations Against Liens
Bernadln'e 'E'. 'T;mpleton, adult
individual
Fogarty Homes, Inc.
33n tlje ~;ourt of (~ommon ~lea~ ~;ountp bi
Cumberland
Page Number 0 / ~ 7 ~/~
, Pennsylvania
~0erea~, Fogarty Homes, Inc. ('Contractor") of 1 South Street, Lancaster, PA 12345 has entered into a contract with
Bernadine E. Templeton, adult individual ("Owner") the erection or construction cfa SINGLE FAMILY DWELLING upon
the lot of ground known as Lot 17 Blue Spruce Drive, Enola, PA 17025,, Township of East Pennsboro, Cumberland,
PENNSYLVANIA described in Exhibit "A" hereof, of which Bemadine E. Templeton, adult individual is the title holder of
record;
~ljergas, 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.
..~o'm, ~'l. liS ~t~r~elngnf ~itneS~etll: 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 craJm 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 curti}ages appurtenant thereto by anyone, and that all subcontractors, materiaimen and laborers
shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done.
~hlb 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.
~I1~, Jn 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:
Bernadine E. Templeton
STIPULATION AGAINST LIENS.DOC
File No. 01-t13
ALL THAT CERTA1N tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the northern right of way line of Blue Spruce Drive (50' wide) at the dividing line between Lot No. 16,
Phase I, Plan of Penn Valley recorded in Plan Book 67, Page 20 and Lot No. 17 as shown on the hereinafter mentioned plan; thence
along the northern right of way line of Blue Spruce Drive South 80 degrees 14 minutes 45 seconds West a distance of 80.00 feet to a
point at the dividing line between Lots Nos. 17 and 18; thence along the dividing line between Lots Nos. 17 and 18 North 09 degrees
45 minutes 15 seconds West a distance of 100.00 feet to a point at lands now or late of The Most Reverend Joseph T. Daley, Bishop
of The Harrisburg Diocese Of The Catholic Church; thence along the southern line of said lands of The Most Reverend Joseph T.
Daley, North 80 degrees 14 minutes 45 seconds East a distance of 80.00 feet to a point at the dividing line between Lots Nos. 16 and
17; thence along the dividing line between Lots Nos. 16 and 17 South 09 degrees 45 minutes 15 seconds East a distance of 100.00 feet
to a point on the northern right of way line of Blue Spruce Drive, said point being the place of BEGINNING.
CONTAINING 8,000.00 S.F.
BEING Lot No. 17 as shown on the Final Subdivision Plan of Perm Valley, Phase 4, recorded in Plan Book 82, Page 67.
STIPULATION AGAINST LIENS.DOC