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HomeMy WebLinkAbout13-4099 Stipulations Against Liens In the Court of Common Pleas County of Richard W. Leheny and Margaret A. Cumberland, Pennsylvania � . ` p C, _. r _r t Lehoeny T T HE PRO i ONG IA T Classic Communities Corporation and Docket Number 2013 JU6r 1013 H 1. 49 Classic at Mountain View Estates, LP. Page Number CUMBERLAND COUNTY Contractor PE N NSYLVANIA Whereas, Classic Communites Corporation and Classic at Mountain View Estates, LP ( "Contractor") of Dauphin County, Pennsylvania, has entered into a contract with Richard W. Leheny and Margaret A. Leheny ( "Owner ") for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 115 Alleghany Lane, Lot Number 192, Carlisle, Cumberland, PA, described in Exhibit "A" hereof, of which Richard W. Leheny and Margaret A. Leheny are 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 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 hands and seals the day and year aforesaid. /Q 9018 Signed and sealed in the presence of: Richard W. Lehen y / . ar are A heny BY: CI s Com un'te Cor ation" lass at ountain View Estates, LP T« L •co PGC/ tax) cK 41173 (c i, -N� a4� «7 File No. 57738 Exhibit A ALL that certain lot, parcel or tract of land located in North Middleton Township, Cumberland County, Pennsylvania, in accordance with a Final Subdivision Plan of Mountain View Estates, Phase I, prepared by Hartman and Associates, Inc., Engineers & Surveyors and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Instrument No. 201025023, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right of way line of Allegheny Lane at the common front property corner of Lot No. 191 and Lot No. 192 as shown on the above referenced Plan; thence along said right of way line of Allegheny Lane, South 73 degrees 29 minutes 02 seconds East, a distance of 80.00 feet to a point at the dividing line between Lot No. 192 and Lot No. 193; thence along said dividing line, North 16 degrees 30 minutes 58 seconds East, a distance of 190.00 feet to a point at the dividing line between Lot No. 192 and Open Space No. 3; thence along said dividing line, North 73 degrees 29 minutes 02 seconds West, a distance of 80.00 feet to a point at the dividing line between Lot No. 191 and Lot No. 192; thence along said dividing line, South 16 degrees 30 minutes 58 seconds West, a distance of 190.00 feet to a point, said point being the place of BEGINNING. BEING Lot No. 192 as shown on the Final Subdivision Plan of Mountain View Estates, Phase I, prepared by Hartman and Associates, Inc., Engineers and Surveyors and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Instrument No. 2012025023.