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HomeMy WebLinkAbout13-2451 Stipulations Against Liens James N. Hess and Rosanna W. 3u the Court of Common j3leag ((Countp of Hess FILE 3-Offl,`E OF fWETROWWTAR C mberland County, Pennsylvania CUMBERLAND CBUN ;' Docket Number Term 2013 P�'tdNSYE.dA�dt�. t RJK Designs d/b /a Construction Page Number Applications of Renewable Energy Contractor lftreas, RJK Designs d /b /a Construction Applications of Renewable Energy ('Contractor") of 429 Bernheisel Bridge Road, Carlisle, PA 17015 (Contractor Address) has entered into a contract with James N. rHess and Rosanna W. Hess, ( "Owner ") of 406 West Coover Street, Mechanicsburg, PA 17055 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 406 West Coover Street, Mechanicsburg, PA 17055 Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which James N. Hess and Rosanna W. Hess is the title holder of record; and Vbereas, 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. ,eob0, Zbi agreement Vftue .5setb: 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. Zub 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. 90, 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 rby 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 of `IJ1�'� 2013 Si ned and sealed in the presence of: CSR okf't � . L_ Z_ L3 Jam ss, Owner ate . Rosanna W. Hess, Owner Dafe RJK Designs d /b /a Construction Applications of Renewable Ener 'Adin Kenes, Contractor ate Print Name Print Title 0 O _/� ALL THAT CERTAIN Unit, being Unit 2, situate in the Borough of Mechanicsburg, Coun ty of Cumb and, erl Commonwealth of Pennsylvania, known, named and identified in the Declaration fo► Mechanicsburg Commons, a Planned Community ( "Declaration ") which has been submitted to the provisions of the Uniform Planned Community Act, 69 Pa. C.S.A. Sec 5101 et seq., as amended, by the recording of the Declaration in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, dated May 7, 2010, recorded May 11, 2010 to Instrument No. 201012052 being designated in such Declaration as Unit 2 (Identifying Number) as described in Section 2.2 and Exhibit E of the Declaration and the Declaration Plats and Plans. BEING THAT PORTION of Lot No. 4 lying on the North side of West Coover Street, Subdivision Plan for Mechanicsburg Commons, last revised November 4, 2002, in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 89, Page 115B. Z/Z £Zb£ b£Z L lI Nueg euueyanbsng WH SL:FiO:nl £l07/9/A2W