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Home My WebLink About06-5037 ;a Against Liens MICHAEL A. NOWACZYK and LORI J. NOWACZYK, .ml.!.YJ1!&':!l!'.~!jll.JfI!~ ........-.....owner". In the Court of Common Pleas County of CUMBERLAND , Pennsylvania Docket Number Ci. -~(j)7 ()zL..U Term 2006 HAUBERT HOMES, INC. ..._........"."'._"..-...R_..--......,...~.....""-"'_._M___..-~N2C;;;."'. Page Number Whereas, HAUBERT HOMES, INC. ('Contractor') of 15 CENTRAL. BL.VD, CAMP HIL.L., PA 17011 has entered into a contract with MICHAEL. A. NOWACZYK and L.ORI J. NOWACZYK, HUSBAND AND WIFE ("Owner") of for the erection or construction of a SINGLE FAMIL.Y DWELLING upon the lot of ground known as 1634 L.OWELL LANE, L.OWER ALL.EN TOWNSHIP, NEW CUMBERLAND, PA 17070, . Lower Allen township, CUMBERlAND, PENNSYLVANIA described in Exhibit "A" hereof, of which MICHAEL A. NOWACZYK end LORI J. NOWACZYK, HUSBAND AND WIFE Is the title holder of record; and Whereas, 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 weived hereby. 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 Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, end intending to be legally bound hereby. does hereby covenant, promise and agree, for Contractor and eny and all subcontractors, materialmen. laborers and parties acting for, through or under'Conlractor, 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 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 aoting 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 suboontractor or materialman, any and all olaims 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 all rights and all manner of errors, defects and Imperfections whatsoever in entering such satisfaotion of in anywise touching or conoeming the same. Witness our hand and seal the day and year aforesaid. S - ~ Signed and sealed in the presence of: Irn~ GvJ :null' lIAMIA NOTARIAL SEAL KATHlEElI MAE CORR. NaIaIy PulIIic camp HIll Boro.. C\II1llIlt8nd County Iiv-CommIIIlon 16.2009 STIPUL.ATION AGAINST ~leNS ~O'6-466 ALL THAT CERTAIN piece of land situated in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point located on the northem right-of.way line of Lowell Lane, twenty-fIVe (25) feet from the centerline of the same and being the front property comer with Lot No. 110; thence along said right-of-way, North seventy-one degrees fourteen minutes one second West (N 710 14' 01" W), a distance of twenty-two and ninety-eight hundredths (22.9B) feet to a point on the same; thence along the same, with a curve to the right having a radius of four hundred and zero hundredths (400.00) feet, an arc length of forty-seven and three hundredths (47.03) feet. a bearing of North sixty-seven degrees fifty-one minutes fifty-five seconds West (N 670 51' 55" W), with a distance of forty-seven and zero hundredths (47.00) feet to a point on the same and the front property comer with Lot No. 108; thence leaving said right-of-way and E1long the property line with said lot, North twenty-five degrees thirty minutes ten seconds EElst (N 25' 30' 10' E), a distance of one hundred fifty-three and fifty hundredths (153.50) feet to a point on the same. the rear property corner with said lot and along lands of Albert and Elizabeth Schaffhauser; thence along the said lands, South sixty-four degrees thirty- three minutes fifty-seven seconds East (S 640 33' 57" E), a distance of fifty-two E1nd twenty-four hundredths (52.24) feet to a point on the same and a rear property comer with Lot No. 110; thence leaving said lands and along the properly line with said lot, South eighteen degrees forty-five minutes fifty-nine seconds West (8 18. 45' 59" W), EI distance of one hundred forty-nine and fourteen hundredths (149.14) feet to a point on the same, on the northem.right-of-way line at Lowell Lane, the front property comer with sElid lot and the pOint and place of BEGINNING. BEING Lot No. 109 on the Revised Final Subdivision Plan of The Heights ot Beacon Hill, Phase II, prepared by Melham Associates, P.C., dated June 29, 2001 and revised September 10, 2001 ancl recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. in Plan Book 64, Page 38; E1nd also being known as Unit No. 109 as shown on the Declaration Plan recorded in Right-at-Way Plan Book 12, Page 130. STIPULATION AGAINST LI~NS ~,,\t t ~ (") ..... 0 1 = c = -n -. CY' .cr, ~"'- :>:>- :t::n vcr. c::: [~;C V') me- (J ;>~l: -am W :fJ6 ....... D- >. Cl 2.,:> r' '\- " "t) -0 's: ::> 1S:-!.- ~ ';'l,.-": -;Jt: ',.0 ~ C "c'C cyn "') )>c '? ~ z Z; ~ -:J .r::- '< ~ ,'V - f- 4- ~ IV' r--. ~ r h r ~ et ---- )' ( t