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HomeMy WebLinkAbout09-7779Stl"bons Apinst wens Aaron M. Rastoka and Sheonagh Rastoka r.~, YINGST HOMES,17VC Contractor In the Court of Common Pleas County of Cumberland , Pennsylvania ?14-D Docket Number O / --)77 4 Term 2009 Page Number Whereas, YINGST HOMES, INC. ("Contracts") of 4712 Smith Street Harrisburg, PA 17109, has entered Into a contract with Aaron M. Rastoka and Sheonagh Rastoke ("Owned') of 766 Deer Forest Road, Harrisburg, PA 17111, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 454 Mulberry Drive, Lot 4, Trindle Estates, Mechanicsburg, PA 17050SIver Spring Township, Cumberland County, Pennsylvania, described in Exhibit "11 hereof, of which Aaron M. Rastoka and Sheonagh Rastoka are 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 conskle ations mentioned thereunder, as well as the ftuther consideration of One Dollar ($1.00) to it in hand paid by the Owner at or before the seaNrtg and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legacy bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, laborers and parties ac*V for, through or under Contractor, that no mechanics' lion or chum or other lion or claim of any kind whatsoever shall be filed! or maintained against the building, Improvements, lot of ground or any part hereof, or the curtllage or curtllages 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 wok 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 famished under any supplemental contract for extra work in the erection, construction and completion of the building as well as to any wok and labor done and materials fumMW 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 authoress 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 attoney for Contractor and in Contractors name, mark satisfied of record at the cost and expense of -the Contractor, or of any subcontractor or mom, any and all dams or claim, lions or lion, filed by or for the Contractor, or any subcontractor or rnatertaknan, or in the name of any one or more of them against the budding, improvements, lot of ground or any pat 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 fled Mug be a sufficient exhibit of the autltority, herein contained to warrant such anion, and the Contractor does hereby remise, release, and quit claim all rights and at manner of errors, defects and Imperfections wtolsoever in entering such satisfaction of in anywise touching or concerning the sane. Witness our hands and seats the day and year aforesaid. d0 V , 461` d 1aim M. Rastoka r _ r Sheonagh BY: 0. Sianed and sealed in the oresence of: File No. 09-01.6-11822 00 "0 ALL THAT CERTAIN lot or piece of ground situate in Sliver Spring Township Pennsylvania. more particularly bounded and described as follows, to County of Cumberland, Commonwealth of wit BEGINNING at an iron pin on the southern right-Of -" line of Mulberry Drive (30 feet more or less legal right of way from center line) and continuing along a common lot line between Lots 3 and 4 of Trindle Estates, South 58 degr 36 seconds East, a distance of 693.46 feet to a point in common with lands now ors 02 minutes Larger, thence continuing along said lot line, South 66 degrees 17 minutes 49 seconds West, of Jamesk and B. a distance of 157Rebecca .44 feet to a point; thence leaving said lot line and along the common lot line between Lots 4 and 5 of Trindle Estates, North 58 minutes degrees 02 Drive; thence Wong s Winds We a distance of 638.06 feet to a point on the southern right-of way line of Mulberry point, said point being the place of BEGINNING. s 22 minutes 24 seconds East, a distance of 134.23 feet to a BEING Lot No. 4 as shown on the Final Subdivision Plan of Trndle Estates (formerly part of Lot No. 156, Trndle Spring Development) as prepared by H. Edward Black and Associates, P.C. and recorded June 23, 2008, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, as Instrument Number., 200820867. UNDER AND SUBJECT to set back lines, easements and Conditions as shown on the aforementioned Final Subdivision Plan and restrictions and condition as set forth in the Declaration of Trindle Spring Development Company that is recorded in Cumberland County in Miscellaneous Book 396, Page 1191. FURTHER, UNDER AND SUBJECT, to restrictions, reservations, conditions, easements and rights of way of record or visible upon an inspection of the premises. BEING part of the same premises which Copenhaver Nurseries, Inc., by its deed dated December 21, 1988, and recorded in Cumberland County Deed Book S, Volume 33, Page 788, Wanted and conveyed unto Trindle Spring Development Company, the Grantor herein. ?#LcL?--'?r? 1?? TAQ 2009 HIM -9 P 2: 4 2 CU I%i, ?? ,.l vv pd aarr?? l t , S Lw,-.d 4L 4,,,. 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