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HomeMy WebLinkAbout14-6143 i 0 F T! AR, 2 10 1 1i 0C T 17 N. 1 54 J LV/`,R STIPULATION AGAINST LIENS Manuel Fernandez Garcia and Amy In the Court of Common Pleas of Fernandez Cumberland County, Pennsylvania Owner MM 0 Docket Number Term 2014 Lettermen, Inc. Contractor Page Number Oil S114 Whereas, Lettermen, Inc. ("Contractor") of 716 N. West Street Carlisle, PA 17013 , has entered into a contract with Manuel Fernandez Garcia and Amy Fernandez ("Owners") of Lot #5 Freedom Court, Mechanicsburg, PA 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #5 Freedom Court, Silver Spring 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. I/ A 5/ 37 g I)gqle i 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 d sealed ' he presence o£ Manuel �ernan Garda A y Ferna ez lid jj)41�' LETTERMEN, INC. By: _ \J I CA,,,7E::7— Jeff A tib File No. CS 14724 ALL OF THE FOLLOWING tract of land situated in Silver Spring Township, Cumberland County, Pennsylvania pursuant to the Final Subdivision Plan for Freedom Court, prepared by Eric L. Diffenbaugh, PLS dated May 18, 2006 and being last revised on December 8, 2006, recorded on April 10, 2007 at Plan Book 94, Page 20. BEGINNING at an iron pin on the northern right-of-way line of Freedom Court, thence along Lot 4 North 13 degrees 46 minutes 38 seconds West 96.22 feet to an iron pin, thence continuing along Lot 4 North 28 degrees 02 minutes 26 seconds West 80.07 feet to an iron pin at the northeastern corner of Lot 4; thence along lands now or formerly of Rich Valley Golf, Inc. South 60 degrees 50 minutes 39 seconds East 117.46 feet to an iron pin; thence continuing along the same South 81 degrees 10 minutes 36 seconds East 306.49 feet to an iron pin; thece continuing along the same South 08 degrees 04 minutes 54 seconds West 115.37 feet to an iron pin at the northeastern corner of Lot 6, thence along Lot 6 North 87 degrees 08 minutes 28 seconds West 233.12 feet to an iron pin on the right-of-way line of Freedom Court, thence along the northern right-of-way line of Freedom Court by an arc to the left, said arc having a radius of 50.00 feet, an arc length of 93.06 feet, a chord bearing of North 50 degrees 27 minutes 33 seconds West, and a chord length of 80.20 feet to a point; thence continuing along the right-of-way line of Freedom Court South 76 degrees 13 minutes 22 seconds West 35.00 feet to an iron pin, said iron pin being the POINT OF BEGINNING. The described Lot containing 1.0166 acres. BEING all of Lot No. 5 on the above mentioned Final Subdivison Plan. BEING THE SAME PREMISES which Rich Valley Golf, Inc., a Pennsylvania Corporation,by Deed dated September 19, 2014 and recorded September 26, 2014 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Instrument No. 201422001, granted and conveyed unto Manuel Fernandez Garcia and Amy Fernandez, husband and wife, Mortgagors herein. TOGETHER with all and singular ways, waters, water-courses, rights, liberties,privileges, hereditaments and apprutenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and also, all the estate right, title, interest, use trust, property, possessions, claim and demand whatsoever, in law, equity or otherwise howsoever, of, in, to or out of the same.