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HomeMy WebLinkAbout12-6576Stipulations Against Liens October 16, 2012 In the (!Court of (Common Pleag Countp of Jeffrey Morey and Laura Morey Cumberland Owner , Pennsylvania Tiday Property Management Docket Number 5-7 t° M l?b Term 20 Contractor Page Number Iljereag, Tiday Property Management ("Contractor"), has entered into a contract with Jeffrey Morey and Laura Morey ("Owner") of 6340 S. Powderhorn Road, Mechanicsburg, Pa 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 406 Sorbie Lane, Mechanicsburg, PA 17050, Silver Spring Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Jeffrey Morey and Laura Morey 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. -Robo, Tbio Zigreement 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 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. &1b this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate aryd 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. Znb, 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: Armu-?o J`eO ey 6/ Laura Morey Tiday Property Ma agement By JASON TIDAY VINVAIAST?U "L Y. XIM03 MY NNW 10 =1 Wd ZZ DO 1166 of ?wxxf A8VIONOH106d 3HI JO 331AAO-0311? 31ss( ?Y?? 7y File No. 31967MOREY LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land being situated in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point located on the eastern right-of-way line of Sorbie Lane (50-foot right-of-way) at the northwest corner of Lot 100 on the hereinafter referenced Plan; thence along the northern boundary line of Lot 100, North 53 degrees 43 minutes 17 seconds East, a distance of 293.37 feet to a point on the western boundary line of land now or formerly of Geraldine F. Howard; thence along land of Howard, North 36 degrees 16 minutes 43 seconds West, a distance of 88.63 feet to a point at the southeast comer of Lot 98; thence along the southern boundary line of Lot 98, South 53 degrees 43 minutes 17 seconds West, a distance of 242.64 feet to a point along Sorbie Lane; thence along Sorbie Lane, South 04 degrees 38 minutes 44 seconds East, a distance of 63.73 feet to a point; thence continuing along the same, by a curve to the left having a radius of 225.00 feet and an are length of 38.53 feet to a point, the point and place of BEGINNING. BEING Lot No. 99 on the Final Subdivision Plan of Nfi fording Highlands, Phase IV, recorded July 20, 2012, in the Cumberland County Recorder of Deeds Office in Instrument Number 201221674, and CONTAE41NG 23,878.91 square feet or 0.5482 acres. BEING a part of the same premises which Sample Bridge Ventures, LP, a Pennsylvania limited partnership, and 1550 Associates, Inc., LLC, by Deed dated April 14, 2004, and recorded April 16, 2004, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 262, Page 2572, granted and conveyed unto Sample Bridge Ventures, LP, a Pennsylvania limited partnership. BEING the same premises which Sample Bridge Ventures, LP, a Pennsylvania limited partnership by Deed dated , 2012 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Jeffrey Morey and Laura Morey, husband and wife, Mortgagors herein.