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HomeMy WebLinkAbout06-4594 . J " Stipulations Against Liens August 3, 2006 TODD J. HARVEY and DELLANN M. HARVEY 3ln tbe (!Court of (!Common ~lea$ (!Count!, of Cumberland , Pennsylvania Olvner Farinelli Construction, Inc. Docket Number D(P - '{(jilt.{ ~L-l> Term 20 Contractor Page Number Wberea$, Farinelli Construction, lnc, ("Contractor") of 3 Kacey Court, Ste 101 Mechanicsburg, Pa 17055, has entered into a contract with TODD J, HARVEY and DELLANN M, HARVEY ("Owner") of 1102 East Powderhorn, Mechanicsburg, PA 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #52, Hillside Farms, Mechanicsburg, PA 17050 Silver Spring Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which TODD J, HARVEY and DELLANN M, HARVEY are the title holder of record; and Wberea$, 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, ~olD, ijJ;bi$ ~greement Witne$$etb: 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 legaily 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, ~nb this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall ooerate 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, ~nb, 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 Contracto~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 anyone 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 ail 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 and sealed in the presence of: TODD J, HARVEY lliQlL~ ~ ~~ DELLANN M. HARVEY FARINE I C NS UCTJON, INC, -"t, BY -." LEGAL DESCRIPTION . ;-' . ALL THAT CERTAIN Irwct or parcel of land 8itUlI. In Silver Spring Townllllp, Cumberland County, Pennsylvania, bounded and desa1bed ae followll. to wit: BEGINNING at a point on the northem ,;ght of way line of Alexandria Court, at tile SOUtllernrT1Ollt com.r of Lot No. 53 on lhe hereinafter deIcribed Final Subdivision Plan: THENC!!! along the Eastern line of said Lol No, 53, North 44 cIegrMs 18 minutes 36 seconds East a distance of 293,47 feet 10 a polnl at lhe southwoHt comer d land of Rich Valley Manor (Pfan Book 56, Page 36); THENC!! along 1t1. IOUthem line of said RId1 Valley Manor land, South 73 degl'Hll 16 minutes 04 s8COl'lds ElIIt a distance of 402.38 feet to a point at the northernmost comet' of Lot No. 51 on the hereinafter deecrib8d Final Subdivision Plan; THENe! along tile eastern line of said Lo1 No. 51 South 13 degrees 40 minutes 30 seconds West distance of 1761 feet to . poln1; TH!NCE co~uing along the same by a curve to the right having a radlu8 of 500,00 f..t, an arc length of 258,80 feet to a polnt; THENCE continuing along lhe same, South 43 degnIn 19 minutes 55 seoondl West distance of 160,11 fHl to a point on the nor1I'IlIm right of wwt Iin. at Alexandria Court; THI!!NCE along the northem tlgt1t of way line of Al.xandrla COIJrt, Nor1Il 46 d8lJl'll6S 40 minutes 05 seconds West a distance of 287,68 feet to a point; THI!!NCE continuing along the same by a curve to Ihe left having a radius of 250.00 feet, an arc IIIngth of 161,45 feet to a point at Ihe southemmost comer of Lot No. 53 on the hereinafter described Final Subdivision Plan, the poinl and place of BEGINNING. CONTAINING 147,454,00 square feel, more or less, BEING Lot No. 52: Final Subdivision Pian for H~lside Fal1Tls - Phase III & IV, da~ NoYel'llber 15. 2000, last reViSed May 24, 2002, recorded in the OtIlce at the Recollf.. of Deeds of Cumbe/1and COunty in Plan Book 87, PlIQ. 23, BEING the same premises which Hempt Realty, L TD, a Pennsylvania limited partnership, by Deed dated October 27, 2005, and recorded November 4, 2005, in the Office of the Recorder of Deeds in and for Ihe County of Cumberland, Pennsylvania, in Book 271, Page 4114, granted and conveyed unto Todd J, Harvey and Dellann M, Harvey, husband and wife, Schedule A - Page 2 Commitment No 28092HARVEY This commitment is invalid unless the Information Sheet and Schedules A and B are attached "\ g ...... ~ $ ~~ ~ ~. <S" ~~ ;%tr.l ~ fn (;") Z:;e -S :ZS; - - ~ <2{. 0 n, 0<:> - r;; f> i:Ii ~ '- ~ - ;Zc, '?f, ~ i; - $U U') c:: <:!? :::< ~ ~ v:> i <.D ~ t\: ~~ ~ \l ... ~