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Home My WebLink About08-2807PAUL C. TIDAY AND LISA A. TIDAY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Owner FRED A. TIDAY BUILDERS, INC. DOCKET NUMBER ~8- ~$O~ ~~ Contractor WAIVER OF LIENS j ~u S 3a~`' D~ of /IAru c_ , a'1c~8~ ~Ijerea~, Fred A. Tiday Builders, Inc. ("Contractor") of Cumberland County, Pennsylvania, has entered into a contract with Paul C. Tiday and Lisa A. Tiday ("Owner") of ~~qy-1 C.J~w~ ~..R+~' ~^~c+~-*1~ca~- RA, Cumberland County, Pennsylvania, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 5004 Chloe Lane, Mechanicsburg, PA 17050, Hampden Township, Mechanicsburg, Cumberland County, Pennsylvania, described in Exhibit "A" attached hereto, of which Paul C. Tiday and Lisa A. Tiday are the title holder of record; and ~Ijerea~, 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. ,~uTuto, aG)hfg agreement ~ttne~getlj: 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. t ~nb, in order to give the Owner full power and author~y 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 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 imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the same. Witness our hands and seals the day and year aforesaid. EXHIBIT A ALL THAT CERTAIN LOT OR TRACT OF LAND BEING KNOWN AS UNIT NO. 3 AS SHOWN ON A FINAL SUBDIVISION PLAN OF WATTS TRACT AS RECORDED IN PLAN BOOK 81, PAGE 99, SITUATE IN THE TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, SAID PARCEL BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGMININGAT AN IRON PINTO BE SET ALONG THE EASTERN RIGHT-OF-WAY LINE OF CHLOE LANE AT THE DIVIDING LINE BETWEEN UNIT 3 AND UNIT 4 AS SHOWN ON THE ABOVE SAID PLAN. THENCE ALONG UNIT 4, SOUTH 73 DEGREES 35 MINUTES 09 SECONDS EAST, A DISTANCE OF 377.38 FEET TO AN IRON PINTO BESET ALONG THE LINE OF LANDS NOW OR FORMERLY OF GEORGE KRNJAIC; THENCE ALONG SAID LANDS, SOUTH 08 DEGREES 16 MINUTES 07 SECONDS EAST, A DISTANCE OF 12.23 FEET TO AN EXISTING IRON PIN AT THE NORTHERN RIGHT- OF-WAY LINE OF SMITH DRIVE (T600); THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING (2) TWO COURSES AND DISTANCES: 1. SOUTH 45 DEGREES 33 MINUTES 13 SECONDS WEST, A DISTANCE OF 85.52 FEET TO AN IRON PIN TO BE SET; 2. SOUTH 76 DEGREES 25 MINUTES 45 SECONDS WEST, A DISTANCE OF 113.27 FEET TO AN IRON PIN TO BE SET AT THE DIVIDING LINE BETWEEN UNIT 2 AND UNIT 3 OF SAID PLAN; THENCE ALONG UNIT 2 THE FOLLOWING (2) TWO COURSES AND DISTANCES: 1. NORTH 73 DEGREES 35 MINUTES 09 SECONDS WEST, A DISTANCE OF 206.21 FEET TO AN IRON PIN TO BE SET; 2. NORTH 36 DEGREES 58 MINUTES 56 SECONDS WEST, A DISTANCE OF 80.12 FEET TO AN IRON PINTO BE SET ALONG THE EASTERN RIGHT-OF-WAY LINE OF CHLOE LANE; THENCE ALONG SAID RIGHT-OF-WAY, ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 175.00 FEET, A DELTA ANGLE OF 32 DEGREES 44 MINUTES 26 SECONDS, AN ARC LENGTH OF 100.00 FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 32 DEGREES 47 MINUTES 04 SECONDS EAST, 98.64 FEET, AN IRON PINTO BE SET AT THE DIVIDING LINE BETWEEN UNIT 3 AND UNIT 4, THE PLACE OF BEGINNING. CONTAINING: 1.631 ACRES OR 48,395 SQUARE FEET MORE OR LESS. BEING PARCEL NO. 10-15-1282-056. BEING PART OF THE SAME PREMISES WHICH PINEHURST HILLS, L. P., A PENNSYLVANIA LIMITED PARTNERSHIP, BY DEED DATED 03-01-06 AND RECORDED 03-07-06 IN THE OFFICE OF THE RECORD OF DEEDS IN AND FOR THE COUNTY OF CUMBERLAND IN DEED BOOK 273 PAGE 2188, GRANTED AND CONVEYED UNTO FRED A. TIDAY BUILDERS, INC., A PENNSYLVANIA CORPORATION. C~ E -- C'S7 ~ ~-C ,., z i'1 ~ :.. i. ~. ..+'~ '1~~ *JlJ ."t. r , . ~°' ~-~ ,~ c"-~ c.:a `Tl a S ~ ~ j -r - ~ 1 L . , r- .,~~;~~i A~ ~ 0 ~ ~ O ~ - ,,. . ~ D ~. .. _, ~~ .. :: ._ ~. .. C-`.• r.a c"c:) - ~ i. ~ `ma'y ' : r^ ~ ''~ .. ~ ., ..17 Cv °~;