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HomeMy WebLinkAbout12-3879Stipulations Against Liens -1J R. Craig Cappelli and Suis n` O'ri` 20 ;'; ?0 v Cappelli ?n ?' mot: `?'' 4: t?`? rat '°??JJ?"!•' ?`?? ?'° Carlson Construction Contractor In the Court of Common vleag Countp of Cumberland Docket Number Page Number I `a) - 5`1'19 , Pennsylvania o mo Term 20 ?i'? sf V ? 1rLG I Z??J ?t++rw? ?1 Vhereag, Carlson Construction (Contractor") of eciviso'N .l has entered into a contract with R. Craig Cappelli and Susan Ori Cappelli ("Owne) of , for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 1282 Summit Way, Mechanicsburg, PA 17050, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which R. Craig Cappelli and Susan Ori Cappelli are the title holder of record; and Vbereag, 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. Pow, 19bi!9 Z(greement Vitneggetb: 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 cur ilage 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. Znb 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. Rub, 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 hands and seals the day and year aforesaid. Signed and sealed in the presence of: s V4. W -)A 1'.* 01 -?tog PPS File No. 12-1879A ALL THAT CERTAIN Unit, being Unit No. 42 (the "Unit"), of Hampden Summit, A Planned Community (the "Community"), such Community being located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Covenants and Restrictions for Hampden Summit, A Planned Community and Declaration Plats, as amended (collectively the "Declaration"), together with any and all improvements thereto, as more particularly bound and described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Summit Way, that is located at the southwestern corner of Lot #43; thence along the northern right of way line of Summit Way on a curve to the left having a radius of 405.00 feet with an arc length of 89.79 feet: thence continuing along same, South 74 degrees 42 minutes 11 seconds West, a distance of 10.00 feet to a point; thence North 15 degrees 17 minutes 49 seconds West, a distance of 115.32 feet to a point; thence North 70 degrees 17 minutes 51 seconds East, a distance of 129.92 feet to a point being the northwestern corner of Lot # 43; thence along the western line of Line #43, South 02 degrees 35 minutes 37 seconds East, a distance of 138.60 feet to a point on the northern right-of-way line of Summit Way; the place of Beginning. CONTAINING 14,119 sq. ft. or .32 acre having an address of 1282 Summit Way, Mechanicsburg, Pennsylvania 17050. BEING Lot #42 Plan of Hampden Summit, Phase Il, recorded in Plan Book 89, Page 83 BEING PART OF THE SAME PREMISES which Ray M. Souder a/k/a Ray M. Souder, Sr., and Fay E. Souder by Deed dated July 9, 2003, and recorded July 10, 2003, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 258, Page 224, granted and conveyed unto F.A.S.T. Partners, L.P., a Pennsylvania Limited Partnership, the Grantor Herein. UNDER AND SUBJECT, NEVERTHELESS, to all easments, restrictions, encumbrances and other matters of record or the which a physical inspection or survey of the premises would reveal. BEING the same property conveyed to R. Craig Cappelli and Susan Ori Cappelli from F.A.S.T. Partners, L.P., a Pennsylvania Limited Partnership, by Deed dated March 22, 2012, and recorded on April 27, 2012, as Instrument No. 201212330.