HomeMy WebLinkAbout04-4996' Stipulati,~ns A~air~st Liens
LU FENG, AN ADULT
INDIVIDUAL
Owner
THOM~4S CONSTRUCTION
ASSOC.
Contractor
In the Court of Common Pleas County of
Cumberland
Docket Number ~-t ..q c]q[~ t~I LL~
Page Number
· Pennsylvania
Term 2004
Whereas, THOMAS CONSTRUCTION ASSOC. ('Contractor") of 155 KEN-LIN DRIVE, CARLISLE, PA 17013 has entered
into a contract with LU FENG, AN ADULT INDIVIDUAL ("Owner") of for the erection or construction of a SINGLE FAMILY
DWELLING upon the lot of ground known as 1202 SUMMIT WAY, HAMPDEN TOWNSHIP, Mechanicsburg, PA 17050,,
, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which LU FENG, AN ADULT iNDIVIDUAL is the title
holder of record; and
Whereas, 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.
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
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.
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 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 alt 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 th~presence of:
~,'
I'U FENG
STIPULATION AGAINST LIENS
File N6. b4~465
All that certain tract of land situated in Hampden Township, Cumberland County, Pennsylvania, more
pa~icularly bounded and described as follows:
BEGINNING at a point on the southern fight-of-way line of Summit Way, that is located at the northwestern
comer of Lot #1, being the northeastern comer of Lot #2; thence along Lot #1 South 00°48'16" East by a
distance of 197.27', (erroneously labeled on the recorded subdivision plan as South 00°45'26" East by a
distance of 196.98') to a point; thence, along the lands now or formerly of Donald L. Basehore, South 89°11 '44"
West by a distance of 108.00' to a point; thence, along Lot #3 North 00°48'16" West by a distance of 146.00'
(erroneously labeled on the recorded subdivision plan as North 01°01 '56" West by a distance of 145.62') to a
point on the southern fight-of-way line of Summit Way; thence, along the southern right-of-way line of Summit
Way North 56o10'47" East by a distance of 103.52' to a point; thence, along the same curve to the right with a
radius of 15.00' with ma arc length of 24.42' having a chord with a distance of21.81' and a chord bearing South
77°11 '27" East to a point; the place of BEGINNING.
Containing: Area: 19,428 sq. ft. (0.45 acres)
IPULATION AGAINST LIENS