HomeMy WebLinkAbout01-04464:otipul~ations Against Liens
Eber K. Leisher, Jr. and Jodi L.
Leisher, husband and wife
owner
In the Court of Common Pleas County of
Cumberland
Pennsylvania
Heart Filled Homes, Inc., .
Contractor
Docket Number ~ ~ _ 4 y(~y M Lp Term 19
Page Number
Whereas , Heart Filled Homes, Inc. ('Contractor") of P.O. Box 165, Newburg, PA 17240 has entered into a contract with
Eber K. Leisher, Jr. and Jodi L. Leisher, husband and wife ("Owner") of for the erection or construction of a SINGLE
FAMILY DWELLING upon the lot of ground known as Lot 26 Ridge Road, Newville, PA 17257, Township of Southampton,
Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Eber K. Leisher, Jr. and Jodi L. Leisher,
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
waived 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, 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 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 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 impertections whatsoever in entering such satisfaction of in anywise touching or concerning the
same.
Witness our hand and seal the day and year aforesaid.
Signed and se led in the presence of:
LL tarn
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File No. FTA5721
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HEART FILLED HOMES, INC.
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- file No. FTA5721
EXHIBIT "A"
All that certain lot or piece of ground situate in the Township of Southampton,
Cumberland County and State of Pennsylvania, bounded and described in accordance
with a plan prepared by Eric L. Diffenbaugh, R.P.L.S., dated May 6, 2000 and recorded
in the Office of the Recorder of Deeds of Cumberland County in Plan Book 82, Page 32.
BEGINNING at a point in cartway of Ridge Road SR 4004, at comer of Lot No. 25 on
plan of Ridgeview; thence along Lot No. 25 on said plan South 27 degrees 21 minutes 24
seconds East 661.05 feet to a point; thence still along Lot No. 25 on said plan, South 54
degrees 54 minutes 40 seconds West 252.29 feet to an iron pin set; thence along Lot No.
27, North 27 degrees 21 minutes 24 seconds West 695.00 feet to a point in the cariway of
Ridge Road, SR 4004; thence along cartway of Ridge Road, SR 4004, North 62 degrees
38 minutes 38 seconds East 250.00 feet to a point, the place of BEGINNING.
CONTAINING 3.8913 acres and designated as Lot No. 26 on the Plan of Ridgeview
THE ABOVE DESCRIBED REAL ESTATE is the same which Kimjon, Inc. by deed
dated ]'~ ~ ( , 2001 and intended to be recorded immediately prior to
the recording of this instrument in the Office of the Recorder of Deeds of Franklin
County, Pennsylvania conveyed unto Eber K. Leisher, Jr. and Jodi L. Leisher, his wife,
the Mortgagors herein.
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