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HomeMy WebLinkAbout14-5228 ILL 0 THE PROTjIONO�TAF'( 2014 SEP -8 AKIO; J 1 CUMBERLAND COUNTY PENNSYLVANIA STIPULATION AGAINST LIENS Gregory Hoyer and Karyl Marks In the Court of Common Pleas of Owner Cumberland County, Pennsylvania Yingst Homes Docket Number 1q- 5)Q51 Term 2014 Contractor Page Number Whereas, Yingst Homes ("Contractor") of , has entered into a contract with Gregory Hoyer and Karyl Marks ("Owners") of 1715 Stroup Circle, Mechanicsburg, PA 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 1715 Stroup Circle, Hampden Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Owners are the title holders of record; and Whereas, it is the intention of Owners 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 by Owners 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. (3LV�kk q& 9.60 OA� C) a r 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 Owners 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 Owners full power and authority to protect Owners 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. Witness our hands and seals the day and year aforesaid. lel d D I q Signed and sealed in the presence of: Gre ry oye Karyl M rks YINGST HO By: File No. 14-1663GC ALL THAT CERTAIN tracts or parcels of land and premises, situated, lying and being in Hampden Township, Cumberland County, Pennsylvania, being Lot 11 on the Revised Preliminary/Final Subdivision Plan for Grand Meadows, recorded in Plan Book 92, Page 68 on May 17, 2006 in Cumberland County and more particularly described as follows: BEGINNING at a point along the eastern right-of-way of Stroup Circle and the southwest corner of Lot 10; thence along Lot 10, North 62 degrees 03 minutes 48 seconds East a distance of 184.15 feet to a point being the southeast corner of Lot 10 and lying along the western boundary line of Lot IA; thence along Lot IA South 33 degrees 36 minutes 20 seconds East a distance of 100.49 feet to a point being the northeast corner of Lot 12; thence along Lot 12 South 62 degrees 03 minutes 48 seconds West a distance of 194.08 feet to a point being the northwestern corner of Lot 12 and lying along the eastern right-of-way of Stroup Circle; thence along said right-of-way line North 27 degrees 56 minutes 12 seconds West a distance of 100.00 feet to a point, being the place of BEGINNING.