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HomeMy WebLinkAbout12-3591/0--397?i rr41) Stipulations Against Liens f i Lt'r' ., _. _8 In the Court of Common Pleas County of Donald A Leiby and Wanda ? ? Cumberland, Pennsylvania f? Ah'jj Col S YL VA t4 1;V Fred A. Tiday Builders, Inc. Docket Number Term 2012 Contractor Page Number Whereas, Fred A. Tiday Builders, Inc. ("Contractor"), has entered into a contract with Donald A Leiby and Wanda G Leiby("Owner") for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 5 of River Bend, Enola , Pennsylvania, described in Exhibit "A" hereof, of which Donald A Leiby and Wanda G Leiby 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 inconsideration 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 imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the same. Witness our hands and seals the day and year aforesaid. 4/*V8 q* 18,14 l? a 7L ?'?f3 Signed and sealed in the presence of: Fred A. Tiday Builders, Inc. Donald A Lellby Wanda G Leiby File No. KWC45826 Exhibit "A" ALL THAT CERTAIn piece, parcel or lot of lands, situate in East Pennsboro Township, Cumberland County, Pennsylvania; designated as Unit No. 5 on the Preliminary/Final Subdivision Plan by Rettew Associates, for River Bend, A Planned Community dated November 15, 1996, last amended January 7, 1999 and recorded in the office of the Recorder of Deeds in and for Cumberland County on February 24, 1999, in Plan Book 78 page 75, and being designated as Unit No. 5 in a Declaration of River Bend, A Planned Community dated October 9, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, In Miscellaneous Book 591, Page 477, being further bounded and described as follows, to wit: BEGINNING at a point on the westerly right-of-way line of Halyard (a 40 foot wide public street) at a corner of Lot Number 4; thence along said Lot following three (3) courses and distances: 1. North 30 degrees 45 minutes 52 seconds West a distance of 30.00 feet to a point; 2. South 84 degrees 03 minutes 28 seconds West a distance of 144.92 feet to a point; 3. Noah 24 degrees 02 minutes 58 seconds West a distance of 154.02 feet to a point on line of Lot Number 8; thence by said Lot number 8 and Lot Number 7, North 84 degrees 03 minutes 28 seconds East a distance of 269.77 feet to a point at a corner of Lot Number 6; thence by said Lot South 58 degrees 57 minutes 03 seconds East a distance of 110.43 feet to a point on the westerly right-of-way line of Halyard; thence along said right-of-way the following two (2) courses and distances: 1. By a line curving to the right having a radius of 280.00 feet, an arc length of 137.74 feet and a chord bearing of South 45 degrees 08 minutes 33 seconds West a distance of 136.36 feet to a point; 2. South 59 degrees 14 minutes 08 seconds West a distance of 51.24 feet to a point, the Place of BEGINNING. CONTAINING 43,740 square feet or approximately 1.00 acre.