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Home My WebLink About13-5341 Stipulations Against Liens September 6, 2013 In the (Court of Cmntnou Pleag Countp of Mohan R. Rengen and Lauren J. Cumberland Rengen Pennsylvania Owner / / /l � Farinelli Construction, Inc. Docket Number J2, 573VI Mt4erm 20 Contractor Page Number Whereag, Farinelli Construction, Inc. ( "Contractor ") of 5 Kacey Court, Suite 201 Mechanicsburg, Pa 17055, has entered into a contract with Mohan R. Rengen and Lauren J. Rengen ( "Owner ") of 653 William Way, Mechanicsburg, Pa 17055, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 608 Autumn Court, Mechanicsburg, PA 17055, Upper Allen Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Mohan R. Rengen and Lauren J. Rengen, husband and wife are the title holder of record; and Vhereag, 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. -Qotu, 0jig Z(greentient Vitneggeth: 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. Rub 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. Sub, 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•.a s Witness our hands and seals the day and year aforesaid. 'a w S' ed and sealed in the presence of:fTt �t ��.. tit CQ '�3 tJ'z't Mohan R. Re n I C tV t !. Lauren J. Reng t —J —l' Farindlli Construe ' n, In t !�/ 7 By (� Donald J. Far nelli, Presiders N °fi r�d�i ccount o ~ F T Wit n Named Payee Absence of Endorsement Guaranteed OL�vA % aN .O TA For Remote Deposit at ` ��. 3 Susquohanna Dank Only ` ��agsy�y LEGAL DESCRIPTION ALL THAT CERTAIN Unit in the property known, named and identified in the Declaration for Winding Hills, a Planned Community, dated July 28, 2005, recorded August 11, 2005, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 719, Page 4220 ( "Original Declaration "), as amended and restated by Amended and Restated Declaration for Winding Hills II, a Planned Community, dated August 9, 2012 ( "Amended and Restated Declaration "), recorded August 10, 2012, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, as Instrument Number 201224290, and further amended by First Amendment to Amended and Restated Declaration for Winding Hills II, a Planned Community, dated September 4, 2013 ( "First Amendment/Amended and Restated Declaration "), recorded September 5, 2013, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania as Instrument Number 201329650, as Winding Hills II, A Planned Community (formerly known as Winding Hills, A Planned Community), located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S.A. §§ 5101 et seq., as amended, by recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Original Declaration, the Amended and Restated Declaration and the First Amendment/Amended and Restated Declaration, and designated as Unit No. 204 (Unit Identifying Number), as described in Exhibit C -4, First Amendment/Amended and Restated Declaration, and shown and described, on Stage 5 -A Declaration Plats and Plans, dated August 28, 2013, revised September 4, 2013, recorded September 5, 2013, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, as Instrument Number 201329650. CONTAINING 20,435 square feet, more or less, municipally numbered as 608 Autumn Court, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT to restrictions and covenants of record, including, but not limited to, Declaration of Covenants, Conditions and Easements for Winding Hills, A Planned Residential Development, dated July 26, 2005, recorded July 29, 2005, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 719, Page 2665, Declaration of Master Association for Winding Hills, A Planned Residential Development, dated July 26, 2005, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 719, Page 2677, Original Declaration (as described above), as amended, in part, by the First Amendment to Declaration for Winding Hills, A Planned Community, dated October 30, 2007, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania ( "First Amendment/Original Declaration ") as Instrument No. 200742252, which said Original Declaration and First Amendment/Odginal Declaration, were amended and restated by Amended and Restated Declaration (as described above), Winding Hills 11 Declaration Plans, dated July 17, 2012, recorded August 10, 2012, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, as Instrument No. 201224290, First Amendment/Amended and Restated Declaration (as described above) and under and subject to easements and rights -of -way of record. BEING the same premises which Upper Allen Investment, LLC, a Pennsylvania limited liability company, by Deed dated November 16, 2012, and recorded December 13, 2012, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, as Instrument No. 201238696, granted and conveyed unto Upper Allen Partners, L.P., a Pennsylvania limited partnership. BEING the same premises Upper Allen Partners, L.P., a Pennsylvania limited partnership by their Deed dated Deed date , 2013 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Mohan R. Rengen and Lauren J. Rengen, his wife, Mortgagors herein.