The URL can be used to link to this page

Home My WebLink About11-833919r-- Ftir ions Against Liens It , Davis! J. Mallin and Cindy L. Mallin C aLC r D. P, INC. TDB AS C & Construction OCTOBER 21, 2011 In the Court of (Common pleas ttCountp of Cumberland Pennsylvania Docket Number 3 3 9 l11 G Term 20 Page Number Owner Contractor D. CULLY, INC., TDB AS Vberea%,?tC & C Construction ("Contractor"), has entered into a contract with David J. Mallin and Cindy L. Mallin ("Ownor") of 618 N. Lincoln Street, Duncannon, Pa 17020, for the erection or construction of a SINGLE FAMILY DWEL_ING upon the lot of ground known as 540 W. Cumberland Road, Enola, PA 17025, East Pennsboro Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which David J. Mallin and Cindy L. Mallin are the title holder of record; and Vbereag, 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. Bobo, 19big freement Vitneggetb: 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 logally 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. Znb 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 mateJalman, 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: Cindy L. D. CI By VINVAJASNN d ,1M= ONVIS3 W 91.£ Wd £- AON 1101 ),v,V 0NOH1OO???Ni JO File N, . x1-427-A-MA .LIN LEGAL DESCRIPTION ALL the following described red estate lying and being situate in the Township of East Pennsboro, County of Cumberland sad Commonwealth of Pennsylvanm being known as Lot 1. oa a plan ducal, "Final Minor Subdivision pin for Tax Parcel 609-15-1291-001, West Cumberland Road," by Alpha Consulting Engineers, Inc., last revised June 2°4, 2010, and recorded in the office of the Recorder of Deeds, in and for Cumberland County, at Instrument Number 20 t 020721, more particularly described as follows: BEGINNING at an Iron Pin Found along the western right-of-way line of Gnat Street at line of lands now or formerly of David A. alt Stacy L. Rakoczy; thence along said line of leads now or formerly of David A. alt Stacy L. Rakoczy, South 72 degrees 37 minutes 31 seconds West 140.00 fed to an iron Pin Found; thence continuing along the same and lands now or formerly of Daniel R. Coldren. South 17 degrees 11 minutes 19 seconds East 200.00 fed to an Iron Pin Found; thence along the northern right-of-way line of W. Cumberland Road. South 72 degrees 37 minutes 31 seconds West 180.00 feet to it point; thence across W. Cumberland Road and along line of lands now or formerly of Thomas R. Gnmdon & Susan E. Gregg. South 17 degrees 11 minutes 19 seconds East 145.00 feet to an iron Pin Found; thence along Lot 2 as set forth on the hereinabove referenced plan, South 72 degrees 37 minutes 31 seconds West 60.99 fed to a point; thence along Wertzville Road (SJL 0944) the following courses and distancas: 1) North 53 degrees 53 minutes 02 seconds West 51.15 feet to a Meg Nail Found; 2) North 17 degrees 21 minutes 18 seconds West 25.20 fat to a point; 3) North 53 degrees 53 minutes 02 seconds West 7.30 fed to a point; 4) North 16 degrees 05 minutes 57 seconds West 12.71 feet to a point; thence along line of lands now or formerly of Patrick W. & Maria C. Rimer, North 16 degrees 05 minutes 57 seconds West 351.20 feet to an iron Pin Found; thence continuing along the same, South 69 degrees 30 minutes 25 seconds West 96.78 fed to an Iron Pia Found; thence continuing along the same, and lands now or formerly of Russell J. & Marjorie E. Zies, and lands now or formerly of Ronald G. & Dolma L. Gates, North 27 degrees 52 minutes 10 seconds Weal 204.87 feet to an iron Pin Found; thence along line of lands now or formerly of A.P. Williams Company, lands now or formerly of Mary E. Henry, and lands now or formerly of Alvaro L. 7 Thelma L. - Wright, North 73 degrees 04 minutes 10 seconds East 343.91 feet to an Iron Pin Found along the western rigbWf--way isms of Omni Stred; thanca along the western right of way line of Grant Street, South 17 degrees 1 I minutes 19 seconds East 270.26 fed to an Iron Pin Found, being this place of BEGINNING. CONTAINING 201,756 square feet or 4.63 acres, more or less, in accordance with the above-referenced plan. TOGETHER with and under and subject to notations as shown on said plan. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of reco4 to the extent valid and enforceable and still applicable to the above described premises.. BEING the same premises which Ida Kapp, also known as Ida E. Kapp, widow, by her Deed dated November 14, 1946 and recorded November 15, 1946 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book "I", Volume 13, Page 583, granted and conveyed unto George J. Miller, Jr. The said George J. Miller, Jr. died January 4, 2008. Letters and Testamentary were granted January 23, 2008 to The Shippensburg University Foundation, Inc. and Joel R. Zullinger as Co-Executors. BEING the same premises which The Shippensburg University Foundation, Inc. and Joel R. Zullinger, Co- Executor s of the Estate of George L. Miller, Jr., by Deed dated July 22, 2001, and recorded August 1, 2011, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, as Instrument No. 201121336, granted and conveyed unto David J. Mallin and Cindy L. Mallin, husband and wife, Mortgagors herein. ALTA Commitment Schedule A (continued)