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HomeMy WebLinkAbout04-6033Stipulations Against Liens Thomas S. Fugitt, Jr., single and Candy T. Martin, single Owner In the Court of Common Pleas County of Cumberland , Pennsylvania Docket Number ~)q -~,d2~ /771~ Term 2004 J & MBuilding Contractors Page Number Contractor /Jove,'nb.er OoH t wy Whereas, J g M Building Contractors ('Contractor") of~-,~ P~e Road,,,~,,,,,,~, PA "~"",, ,~, has entered into a contract with Thomas S. Fugiff, Jr., single and Candy T. MaAin, single ("Owneff) of 528 Highland CouA, Carlisle, PA 17013 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Chenelle Lane - Lot 9, Shippensburg, PA 17257, South Ne~on Township, Cumberland Count, PENNSYLVANIA described in Exhibit "A" hereof, of which Thomas S. Fugi~, Jr. and Candy T. Marlin are the title holders 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 supplernental 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 ~ny 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 buildings, 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 and year aforesaid. Thomas S. Fugitt, Jr., OWner File No. CTA0326 ALL that certain lot or parcel of real estate lying and being situated in Shippensburg, South Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a set iron pin on the southwestern edge of a 50-:['oot wide private right-of-way; thence continuing with Lot No. 10 and said 50-foot wide private right-of-way, South 66 degrees 36 minutes 27 seconds East, 163.81 feet to a set concrete monument; thence with the cul-de-sac of a 50-foot wide private right-of-way and Lot No. 10 on a curve to the right, having a radius of 40.00 feet, a chord bearing South 41 degrees 52 minutes 42 seconds East, a chord length of 33.47 feet with an arc length of 34.53 feet to a set iron pin; thence by the same on a curve to the left having a radius of 60.00 feet, a chord bearing South 43 degrees 49 minutes 41 seconds East, a chord length of 53.88 feet with an arc length of 55.88 feet to a set iron pin; thence with Lot No. 10, South 19 degrees 29 minutes 34 seconds West, 398.65 feet to a ,,;et iron pin; thence with lands now or formerly of Douglas E. Wiser, North 66 degrees 36 minutes 27 seconds West, 271.00 feet to a set iron pin; thence with Lot No. 8, North 23 degrees 23 minutes 33 seconds East, 432.59 feet to a set iron pin, the place of beginning. CONTAINING 2.5096 acres and BEING Lot No. 9 on that Final Subdivision of Land for Harry H. Fox, Jr. as prepared by Eric L. Diffenbaugh, Professional Land Surveyor, as approved by the North Newton and South Newton Board of Supervisors and recorded in Cumberland County Plat Book Volume 89, Page 13 et seq.