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HomeMy WebLinkAbout01-04196v ( - Vg1C?L M?? `rte Vaturr of Kutis THIS AGREEMENT made and concluded this .....5th .............day of-....... July,................... .A. D. am---2,091 between....... SCOTT._Z...STECK and_.LOUISE._E,,._,STECK....... usband.... nd_--- wife ...................... of Cumberland CountyPennsylvania party of the first part (hereinafter called Owner), AND..... ..FRED A. TIDAY BUILDERS,.. INC.,,,, party of the second part (hereinafter called) Contractor. WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date herewith, entered into a written contract for the erection and completion of...... d ....... ................... residential dwelling .... .................................. ....................................................................................................................... to be erected on ALL that certain tract of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot No. 195 on the Final Subdivision Plan for Good Hope Farms South - Phase V, more fully set forth on Exhibit "A" attached hereto and made a part hereof. in which Agreement the Contractor covenanted, promised and agreed that no mechanics' claims or liens should be entered and filed against the said building or buildings or any part thereof, or the cartilage or cartilages appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of the awarding to him by Owner of said contract as aforesaid, as well as the further consideration of One (¢1.00) Dollar to him paid at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknow- ledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, materialmen or laborers for work done or materials furnished under said contract for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under said contract for and about the erection, construction and completion of said buildings as aforesaid, or under any contracts for extra work, or for work supplemental thereto, or otherwise AND, in order to give the Owner full power and authority to protect himself and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevoc- ably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common Pleas as Attorney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-Contractor or Materialman, or Materialmem any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Materialman, or in his or their name against said building or buildings, lot or lots 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 and where this Agreement shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quick-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF and year first above written. WITNESSES O .". M.".9-3-W-ar the said parties have hereunto set their hands and seals dated the day c t Z. ?Steck ................ ........................ .... .: outs ....................... l;eck ................----- •- FRE,D,-A.,_.TIDAY-_BUILDERS-?- INC ............. BY-? Fre A.--Ticlay,.... residen£ ........................... ALL that certain piece, parcel or lot of land, together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of Barbara Drive (50.00 feet wide), said point being located at the Northeastern corner of Lot No. 194; then along said right-of-way line North 79 degrees 00 minutes 53 seconds East and passing through a 15.00 foot wide drainage easement, for a distance of 105.00 feet, to a point at the Northwestern corner of Lot No. 196 of Phase IV; thence along the Western boundary line of said Lot No. 196, and along the centerline of said 15.00 foot wide drainage easement, South 10 degrees 59 minutes 07 seconds East, for a distance of 105.00 feet, to a point in line of other lands now or formerly of The McNaughton Company; then along said other lands of McNaughton, and through said 15.00 foot wide drainage easement, South 79 degrees 00 minutes 53 seconds West, for a distance of 105.00 feet, to a point at the Southeastern corner of Lot No. 194; then along the Eastern boundary line of Lot No. 194, North 10 degrees 59 minutes 07 seconds West, for a distance of 105.00 feet to a point and the place of BEGINNING. This piece, parcel or lot of land contains approximately 11,025.00 square feet of land, has an address of 5440 Barbara Drive, Mechanicsburg, Pennsylvania 17055, and is known and numbered as Lot No. 195 on the Final Subdivision Plan for Good Hope Farms South - Phase V, which is recorded in Cumberland County in Plan Book 797, Page 91. UNDER AND SUBJECT T0: (a) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions which affect the premises and are visible by inspection of the premises. (b) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and all prior documents, agreements, instruments, deeds, grants and conveyances affecting the premises. (c) The Declaration of Covenants and Restrictions, recorded in Cumberland County in Miscellaneous Book 626, Page 182 as may be applicable to the above described property. IT BEING the same premises which The McNaughton Company, a Pennsylvania corporation, by deed dated July 5, 2001 and about to be recorded in the Recorder's office in and for Cumberland County, Pennsylvania, granted and conveyed unto Scott Z. Steck and Louise E. Steck, husband and wife. EXHIBIT "A" F ? c? 0 ? ?, -C ? ?` ? ? c ?- ?a _-> <- _. fi??--? _.. - _--_ ?;` F. ALLEN FRERE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. LUCETTE I. FRERE, NO.01-4916 CIVIL Defendant : IN DIVORCE 1• I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. 2007 ?7-'45;?? F. ALLEN FRERE r r?+r