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HomeMy WebLinkAbout13-6423 S tipuiati no s Against Liens 3J11 t (court of (Common ptea!g QCountp of White Hill Housing, LLC Cumberland � ,Pennsylvania Owner Ackerman Builders Docket Number Ljj Term 2013 - Contractor Page Number lftrea!g, Ackerman Builders ( "Contractor ") of 1525 Thompson Lane, Mechanicsburg, Pa, has entered into a contract with White Hill Housing, LLC ( "Owner") , for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 19 West Lisburn Road, Mechanicsburg, PA 17055 Upper Allen Township, Cumberland County, Pennsylvania, also known as Lot No. 2, Instrument #201332173, described in Exhibit "A" hereof, of which White Hill Housing, LLC is 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. ,OoW, Z4i5 Rgreement Vi tne5 %et 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. Rub 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. Zlnb, in order to give the Owner ful! 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: White Hill Housin , LC by Timothy Straub, Managing Member Ackerman Builders, by-F,m Ackerman kiNnoll 3H I /Js/ 5 1 4 y Pile No.. HS13144 All that certain lot or parcel of land situate, lying and being in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, and being more particularly described as follows, to wit: Beginning at an iron pin in concrete being the northwesterly corner of lands now or formerly of Samuel R. Neely, said lands being as shown on a deed recorded in the Cumberland County Recorder of Deeds Office as Deed Book 249, page 3446; thence along said lands of Neely, South 22 degrees 16 minutes 00 seconds East, a distance of 116.41 feet to an iron pin on the northerly line of lands now or formerly of Mary R. Greiner; thence along said lands of Greiner, South 59 degrees 44 minutes 00 seconds West, a distance of 96.36 feet to a concrete monument; thence North 15 degrees 42 minutes 30 seconds West, a distance of 137.69 feet to a concrete monument on the southerly right -of -way line of West Lisburn Road, said road having a legal right -of -way width of 60 feet; thence North 72 degrees 44 minutes 00 seconds East, a distance of 80.00 feet to an iron pin in concrete, the point and place of Beginning. Being a portion of Lot #2 as shown on a plan entitled "Minor Preliminary and Final Subdivision Plan for Lloyd N. Fishel & Doris h /w, said plan is recorded in the Cumberland County Recorder of Deeds office as Plan Book 30, page 42. Containing 11,059.78 square feet of land, more or less. Being designated as Lot #2 on the Plan recorded September 30 2013 to Instrument No. 201332173. Being part of the same premises which Doris Fishel, a widow, by deed dated February 27 2013 and recorded March 4'" 2013 in the Office of the Recorder of Deeds in and for the County of Cumberland, as Instrument No. 201306906, granted and conveyed unto White Hill Housing, LLC, a Pennsylvania limited liability company. ,daa, AR oil 0 y • 9. Vti } ,�Y'3 i` �f'1i14�.x«�.".1ti�..��Xw�:iraf