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HomeMy WebLinkAbout13-5519 Stipulations Against Liens In the Court of Common pleat County of Alan J. Sweeney and Elsa R. Vargas Cumberland Castillo Pennsylvania Owner East Coast Contracting, Inc. Docket Number 13 c� 9 Term 20 Contractor Page Number C � rf� Vt ereao, East Coast Contracting, Inc. ( "Contractor ") of 4%%IJA>� ha entered into a contract with Alan J. Sweeney and Elsa R. Vargas Castillo ( "Owner ") of 3910 Warleigh Way, Mechanicsburg, Pa 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 5042 Pellingham Circle, Enola, PA 17025 Hampden Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Alan J. Sweeney and Elsa R. Vargas Castillo are 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. ,Qobu, Tbie; 2greement Vftne!0etb: 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. gnb, 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. (� t Witness our hands and seals the day and year aforesaid. See4. 1 3, 01 3 Signed and sealed in the presence of: Alan . S eney Elsa R. to Eas oast ontracting, Inc. rTJ Co N -.) CD C:3 cD 5 File No. 13263A ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, lying along Pellingham Circle and being approximately 300 feet northeast of the intersection of Good Hope Road and Pellingham Circle, bounded and described as follows, to wit: BEGINNING at the intersection of the westerly right -of -way line of Pellingham Circle (50 feet wide) with the line of division between Lot 64B and Lot 41; extending (1) thence North 62 °30'46" West, a distance of 200.00 feet; extending (2) thence North 13 °44'38" East, a distance of 106.91 feet; extending (3) thence South 89 °59'57" East, a distance of 200.00 feet to the westerly right - of -way line of Pellingham Circle; extending (4) thence along said right -of -way line by a curve to the tight having a radius of 425.00 feet, an arc distance of 203.88 feet and a chord bearing and distance of South 13 °44'38" West, 201.94 feet to the point of BEGINNING. CONTAINING 31,643 square feet or 0.726 acres. BEING Lot No. 41 as shown on a plan entitled "Final Subdivision Plan for Phase II and III, Wentworth Estates" dated 5/20/04, last revised 8/17/04, Job Number 1001 -846, prepared by LSC Design, Inc. York, PA and recorded in the Cumberland County Office of the Recorder of Deeds in Plan Book 90 Page 17. UNDER AND SUBJECT to a Declaration of Restrictions, Covenants and Conditions for Wentworth Estates Planned Community dated June 3, 2003, and recorded on June 9, 2003, in the Office of the Recorder of Deeds in and for Cumberland County, in Book 698, Page 599. FURTHER. UNDER AND SUBJECT to a Declaration Creating and Establishing Wentworth Estates Homeowners' Association, dated June 3, 2003, and recorded June 9, 2003, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 698, Page 636.