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HomeMy WebLinkAbout12-1033FILF.D-0Fr 1 GF THE PRO T HONOTAR 26!2 FEB 17 AM 10: 52 CUMBERLAND CQIJNT'? PENNSYLVANIA STIPULATION AGAINST LIENS Paul J. Francis and Christie Francis } Owner Landmark Builders Inc Contractor In the Court of Common Pleas of Cumberland County, Pennsylvania MLD Docket Number db(a b 33 Term 2012 Page Number Whereas, Landmark Builders Inc ("Contractor") of 1737 West Main St., Ephrata, PA 17522 , has entered into a contract with Paul J. Francis and Christie Francis ("Owners") of 411 Park Circle, Lot #78, Mechanicsburg, PA 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 411 Park Circle, Lot #78, Upper Allen 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. auv % 04. 0" PA CL q bgiq a*(,g -7 1(68 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, 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. Signed and sealed in the presence of Paul J. Christie Francis 449 r"-7 LANDMARK BUILDERS INC By: ?`--_ File No. 12-0090GC ALL THAT CERTAIN Unit in the property known, named and identified in the Declaration, referred to below, as "Winding Hills, A Planned Community", located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S.A. 5101 et seq., as amended, by the recording in the Office of the Recorder of deeds of Cumberland County, Pennsylvania, the Declaration for Winding Hills, A Planned Community ("Declaration"), dated July 26, 2005, recorded August 11, 2005, in Miscellaneous Book 719, Page 4220, and designated in the Declaration as Unit 78 (Unit Identifying Number), as described in Exhibit C of the Declaration and shown (and described) on Declaration Plats and Plans, dated July 11, 2005, recorded August 11, 2005, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Right- of-Way Plan Book 13, Page 112. CONTAINING 23,382 square feet. UNDER AND SUBJECT to restrictions and covenants of record, including, but not limited to Declaration of Covenants, Conditions and Easements for Winding Hills, A Planned Residential Development dated July 26, 2005, recorded July 29, 2005, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 719, Page 2665, Declaration of Master Association for Winding Hills, A Planned Residential development, dated July 26, 2005, recorded July 29, 2005, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Miscellaneous Book 719, Page 2677, Declaration for Winding Hills, A Planned Community, dated July 26, 2005, recorded August 11, 2005, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 719, Page 4220, and First Amendment to Declaration for Winding Hills, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, to Instrument Number 207742252, and under and subject to easements and rights-of-way of record..