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HomeMy WebLinkAbout06-6012 ... " Stipulations Against Liens DONALD S. FAILOR and MICHELE FAILOR 3Jn tbe <!Court of <!Common ~Ieas <!Countp of Cumberland , Pennsylvania Owner DONALD S. FAILOR Docket Number No.O h - fdJ/:l. MdJ Term 200~ Contractor Page Number Wbereas, DONALD S. FAILOR ("Contractor") of Shermansdale, PA, has entered into a contract with DONALD S. FAILOR and MICHELE FAILOR ("Owner") of 429 Dark Hollow Road, Shermansdale, PA 17090, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #262 Rutland Street, Camp Hill, PA 17011Camp Hill Borough, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which DONALD S. FAILOR and MICHELE FAILOR are the title holder of record; and Wbereas, 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. ~ow, mbis ~greement Witnessetb: 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 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. ~nb 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. ~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 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 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 satisfaction of in anywise touching or concerning the same. Witness our hands and seals this 4th day of October, 2006. Signed and sealed in the presence of: ~~-=- ~AILOR VJt/J/ud "-h~ ~UJ- ~/~ ~ILOR -- ? t./' .- File No. 27335FAILOR TRACT NO.1: ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill, formerly in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern line of Rutland Street, at the Southwest corner of Lot No. 263 on the hereinafter mentioned Plan of Lots; thence by the dividing line between Lots No. 262 and 263, in a northerly direction, ninety (90) feet to a point; thence by the dividing line between Lots No. 247 and 262 on said Plan in a westerly direction, thirty (30) feet to a point; thence by the dividing line between Lots No. 261 and 262, in a southerly direction ninety (90) feet to a point on the northern line of Rutland Street; thence by the northern line of Rutland Street in an easterly direction thirty (30) feet to a point, the place of BEGINNING. BEING Lot No. 262 in the Plan of Lots of Harrisburg Gardens, which Plan lS of record in the Cumberland County Recorder's Office in Plan Book 1, at Page 86. THIS is vacant land known as Lot No. 262. UNDER AND SUBJECT, NEVERTHELESS, to conditions, easements and restrictions of record and any matters which a physical inspection or survey of the real estate may disclose. TRACT NO.2: ALL THOSE TWO CERTAIN lots of land situate in the Borough of Camp Hill (formerly East Pennsboro Township), Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows: Southerly by Rutland Street, sixty (60) feet; thence Westerly by Lot 262 on the hereinafter mentioned Plan, ninety (90) feet; thence northerly by Lots 246 and 245 on said Plan, sixty (60) feet; thence easterly by Lot No. 265 on said Plan, ninety (90) feet, the place of BEGINNING. CONTAINING, according to said Plan, five thousand four hundred (5,400) square feet, more or less. THIS is vacant land known as Lots No. 263 and 264. UNDER AND SUBJECT, NEVERTHELESS, to conditions, easements and restrictions of record and any matters which a physical inspection or survey of the real estate may disclose. 7V-::J:. --'F--e h~ ! 11?J ?h..s ~ I -. 'Jj'J .,..'t +=t<;q"'yJ 0 0 '.sl ;. -If:!) ..n:J'(7) ',< ',.1 ,1 AJJ:'-'- l '., .." If I _ 'i -0 l"iG "IJ- f'I1'iZ ," 1 !': ';lflJ t... ,1-.......rl ....' ~ 1:\../1 r '\ NJL,\':'