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HomeMy WebLinkAbout12-2896Stipulations Against Liens File Number 12-263 DALE W. FOHL, III and LAURA L. FOHL, HUSBAND AND WIFE owner MARK I RESTORATION SERVICE, INC. contractor .4& the &Uv d o f eo mm? `.Pfew a wety, q Cumberland Docket Number /J-- Page Number Pennsylvania Term 2012 M/ o Wlficwae, on this 27th day of April, 2012, MARK 1 RESTORATION SERVICE, INC. ('Contractor") of 355 EASTERN DRIVE, HARRISBURG, PA 17111 has entered into a contract with DALE W. FOHL, III and LAURA L. FOHL, HUSBAND AND WIFE ("Owner") of 1311 SCENERY DRIVE, MECHANICSBURG, PA 17055 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 32 SOUTHWATCH LANE, SILVER SPRING TOWNSHIP, MECHANICSBURG, PA 17050,, Silver Spring Township, Cumberland, Pennsylvania described in Exhibit "A" hereof, of which DALE W. FOHL, III and LAURA L. FOHL, HUSBAND AND WIFE is the title holder of record; and Wfiexeae, 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, 9dia a#%e n ad `tUiftwaed: 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 fumished and work and labor done. t7nd 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. Qnd, 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. r Witness our hand and seal the day and year aforesaid. a, Signed and sealed in the presence of: STIPULATION AGAINST LIENS- 2-8-00 LAURA L. FQWL N L-. 1 A, A . D -1 :<- C' MARK 1 RESTORATION SERVICE, INC. _ C7? by C c ev tt3 Q CD a' 779 ALL THAT CERTAIN lot or piece of ground, lying and situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, known as Lot No. 32, more particularly described in the Final Subdivision Plan of Rich Valley Manor, Phase II, prepared by Hartman & Associates and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 64, Page '11, more particularly bounded and described as follows, to wit: BEGINNING at a point, said point being located on the southern right-of-way line of Southwatch Lane at the common front property corner of Lot #31 and Lot #32 of Rich Valley Manor, Phase II; thence along the southern right-of-way line of Southwatch Lane in an easterly direction on the arc of a curve curving to the left having a radius of 50.00 feet, and an arc length of 78.54 feet to a point at Lot #27 of Rich Valley Manor Phase ll; thence along Lot #27, North 78 degrees 53 minutes 00 seconds East, a distance of 457.95 feet to a point at land now or late of the Corporation of the Presiding Bishop of Latter Day Saints; thence along land now or late of the Corporation of the Presiding Bishop of Latter Day Saints, South 13 degrees 07 minutes 00 seconds East, a distance of 232.69 feet to a point; thence along the same, South 45 degrees 21 minutes 30 seconds East, a distance of 98.52 feet to a point at Lot #35 of Rich Valley Manor, Phase II; thence along Lots #35, #34 and #33, South 55 degrees 53 minutes 00 seconds West, a distance of 381.75 feet to a point at land now or late of Phillis C. Mengle; thence along land now or late of Phillis C. Mengle, South 67 degrees 20 minutes 10 seconds West, a distance of 194.52 feet to a point at Lot #31 of Rich Valley Manor, Phase II; thence along Lot #31, North 14 degrees 29 minutes 30 seconds West, a distance of 450.01 feet to a point on the southerly right-of-way line of Southwatch Lane, the point of BEGINNING. BEING Lot #32.