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HomeMy WebLinkAbout01-1295 Sticolations Against Liens Mich~a~el J. Belan~ek and Tricia J. Belansek, husband and wife Owner The McNauthton Company tin ttje Court o[ Common Cumberland Docket Number Page Number , Pennsylvania Term 2001 ~erea~, The McNaughton Company ('Contractor") of 4400 Deer Path Road, Harrisburg, PA 17110 has entered into a contract with Michael J. Belansek and Tricia J. Belansek, husband and wife ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 194, Good Hope Farms South,Mechanicsburg, PA 17055,, Township of Hampden, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which Michael J. Belansek and Tricia J. Belansek, husband and wife is the title holder of record; and ~ljerea~, 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. J:Jom, ~l~i~ gt6reement ~¢itne~¢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, 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. ~11,11 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. ~[11~, 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: File, No. 01-137 ALL THAT CERTAIN piece, parcel or lot of land, together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of Barbara Drive (50.00 feet wide), said point being located at the Northwestern comer of Lot No. 195; thence along the Western boundary line of Lot No. 195 South 10 degrees 59 minutes 07 seconds East, for a distance of 105.00 feet, to a point in line of Lot No. 189 of Phase VII; then along said Lot No. 189 and Lot No. 190 of Phase VII, South 79 degrees 00 minutes 53 seconds West, for a distance of 105.00 feet, to a point at the Southeastern comer of Lot No. 193; then along the Eastern boundary line of Lot No. 193 North I0 degrees 59 minutes 07 seconds West, for a distance of 105.00 feet, to a point on the Southern right-of-way line of Barbara Drive (50.00 feet wide); then along said right-of-way line North 79 degrees 00 minutes 53 seconds East, for a distance of 105.00 feet, to a point and the place of BEGINNING. This piece, parcel or lot of land contains approximately 11,025.00 square feet of land, has an address of 5460 Barbara Drive, Mechanicsburg, Pennsylvania 17055, and is known and numbered as Lot No. 194 on the Final Subdivision Plan for Good Hope Farms South - Phase V, which is recorded in Cumberland County in Plan Book 797, Page 91.