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HomeMy WebLinkAbout10-48341.00 Stipulations Against Liens LOUIS P. LEITE and KELLY R. LEITE Owner FRED A. TIDAY BUILDERS, INC. Contractor JULY 20, 2010 In the Court of Common J91eag Q'Countp of Cumberland , Pennsylvania Docket Number IZI - 05Y I)VL6 Term 20 /O Page Number Wbereag, FRED A. TIDAY BUILDERS, INC. ("Contractor") of MECHANICSBURG, PA , has entered into a contract with LOUIS P. LEITE and KELLY R. LEITE ("Owner") of 5600 Pinehurst Way, Mechanicsburg, Pa 17055, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot*07-'S High Ridge Trail, Mechanicsburg, Pa 17055, Silver Spring Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which LOUIS P. LEITE and KELLY R. LEITE are the title holder of record; and Wbereao, 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. .hobo, Tbis; Z(greement Vftneggetb: 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. Zfnb 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. anb, 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 imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the same. Witness our hands and seals the day and year aforesaid. Signed and sealed in the presence of: LOUIS P. LEITE KELLY R. LEITE FRED)OK. TIDY/ J peg a? oo stun, h/? sib os rail, WWI '`t rc -,- "r r? FRED A. TIDAY DERS, INC. g BY ?,, - ! - - -`File No. 25727LEITE LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Silver Spring, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of High Ridge Trail which point represents the intersection of the southeastern corner of Lot #7 and the southwestern corner of Lot #8 of the subdivision plan hereinafter described; proceeding from such point North 60 29' 55" East for a distance of 668.56 feet; thence along land now or formerly of Williard C. And Ethel V. Humer, South 880 42' 09" East, a distance of 784.10 feet to a point, a concrete monument; thence South 270 26' 30" East, a distance of 61.60 feet; thence North 620 33' 30" East, a distance of 10 feet; thence along an arc of a curve having a radius of 5579.65' and a length of 40 feet to a point; thence along Lot #9 of the hereinafter described plan of lots, South 43 ? 13' 04" West, a distance of 898.50 feet to the center line of High Ridge Trail; thence along the center line of High Ridge Trail along an arc of a curve having a radius of 299.17 feet and a length of 191.73 feet; thence along the center line of High Ridge Trail North 830 30'05" West, a distance of 129.70 feet to a point, the place of BEGINNING. SAID tract containing 10.03 acres plus or minus, and being identified as Lot #8 on the Subdivision Plan of-. a 109.19 acre tract (Green Ridge Farms) for D.S. Poorman (subdivider), Silver Spring Township, Cumberland County, Pennsylvania, prepared by William B. Whittock, P.E., dated November 23, 1977, and recorded in the office of the Recorder of Deeds in and for Cumberland County, Plan Book 34, Page 15. BEING the same premises which GEORGE PAPOUTSIS, NOW KNOWN AS GEORGE SHORMAKER, SINGLE MAN, by Deed dated January 9, 2004, and recorded January 12, 2004, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 261, Page 1072, granted and conveyed unto LOUIS P. LEITE AND KELLY R. LEITE, HUSBAND AND WIFE, Mortgagors herein. ALTA Commitment Schedule A (continued)