HomeMy WebLinkAbout14-5653 FILE D-OF F IC'c
1014 SEP 23 PrM 2: 1
CUMBERLA?gD COUNI-y
PENNSYLVANIA
MLD
STIPULATION AGAINST LIENS_
ROBERT C DAY and JENNIFER M DAY In the Court of Common Pleas of
Owner Cumberland County, Pennsylvania
GARMAN BUILDERS, INC. Docket Number Term 2014
' Contractor
Page Number
j Whereas, GARMAN BUILDERS, INC. ("Contractor"),of 471 N. READING ROAD,
EPHRATA, PA 17522 , has entered into a contract with:ROBERT C. DAY and JENNIFER M.
DAY ("Owners") of 959 NORLANDSTREET, Mechanicsburg, PA„17055, for the erection or
construction of a SINGLE; FAMILY DWELLING upon;-the lot of .ground known as 959
NORLAND STREET, ORCHARD GLEN LOT#84, Upper Allen Township, Cumberland
e� 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
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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.
Signed sealed in the presence of. ,�
ROBERT C. DAY
YETFER M. A
GARMAN BUILDERS, IN
By.
SHAWN L. GARMAN, VICE
PRESIDENT
File No. AES 1440
ALL THAT CERTAIN Unit, being Unit No. 84 of Orchard Glen, A Planned Community(the
"Community"), such Community being located in Upper Allen and Lower Allen Townships,
Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Covenants and
Restrictions for Orchard Glen, A Planned Community(the "Declaration") and Declaration Plats
and Plans recorded as an exhibit thereto in the Office of the Cumberland County Recorder of
Deeds as Instrument No. 201121261, together with any and all amendments thereto.
TOGETHER with the undivided Allocated Interest appurtenant to the Unit as more particularly
set forth in the aforesaid Declaration, as last amended.
TOGETHER with the right to use Limited Common Elements appurtenant to the Unit being
conveyed herein, if any, pursuant to the Declaration and Declaration Plats and Plans, as last
amended.
UNDER AND SUBJECT to the Declaration, the Declaration of Covenants, Conditions and
Easements for Orchard Glen, A Planned Residential Development recorded in the Office of the
Cumberland County Recorder of Deeds as Instrument No. 201121260, the Declaration of Master
Association for Orchard Glen, A Planned Residential Development, recorded in the Office of the
Cumberland County Recorder Of Deeds as Instrument No. 201121259, and to any and all other
covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the
aforesaid Office; and to matters which a physical inspection or survey of the Unit and Common
Elements would disclose.
BEING part of the same premises which Patsy Hertzler, as executrix of the Estate of Dale B.
Failor, Deceased, by Deed dated July 5, 2007, and recorded in the Office of Recorder of Deeds in
and for Cumberland County, Pennsylvania in Deed Book 280, Page 4820, granted and conveyed
unto McNaughton Properties, L.P., a Pennsylvania limited partnership, Grantor herein.
959 NORLAND STREET,MECHANICSBURG, PA 17055