HomeMy WebLinkAbout05-0354
::itipulations AgaInst Liens
Benedict E. Todt and Daria M.
Todt, husband and wife
Jln tbe QJ;ourt of qCommon ~Ieas !!tonnt!' of
Owner
Cumberland
, Pennsylvania
Docket Number ()~ .J S Y /n LJj
Term 2005
Wayne B. Ogburn
Page Number
Contractor
WlJereas, Wayne B. Ogburn ('Contractor") of 8438 Carlisle Pike, York Springs, PA has entered into a contract with
Benedict E. Todt and Daria M. Todt, husband and wife ("Owner") of for the erection or construction of a SINGLE FAMILY
DWELLING upon the lot of ground known as k/a 828 Torway Road, Gardners, PA 17324, Dickinson Township,
Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Benedict E. Todt and Daria M. Todt,
husband and wife is the title holder of record; and
Wbereas, 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.
1I'!o\1l, I!I:lJis %Igreement Witneggetb: 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,
materiaimen, 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.
%lull 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.
%Inb, 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 anyone 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 fiied shall be a sufficient exhibit of the authority herein
contained to warrant such action, and the Contractor does hereby remise, release, and quit ciaim 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 hand and seai the day and year aforesaid.
Signed and sealed in the presence of:
.ftJA~ ~ Od1t0
&/({e~fJ; r:: ,:hrJ-i;
Benct E. Tadt
.1JyL '/JJ. .?7n~-:fl---.
Title No. ACCC-2672
SCHEDULE C
ALL THAT CERTAIN tract of land, together with improvements thereon
found, all situate in the Tow~ship of Dickinson, County of Cumberland
and Commonwealth of Pennsylvania, being more particularly bounded and
described as follows, to wit:
BEGINNING at an iron pipe set on the westernmost dedicated right of way
line of Torway Road (T-534), said pipe marking the common point of
adjoinder with Lots No.7 and 8 on the hereinafter mentioned plan with
the westernmost dedicated right-af-way line of lJ.'orway Road, thence
departing from Torway Road and extending along Lot No. 7 North 76
degrees 15 minutes 00 seconds West 354.04 feet to an iron pipe at lands!
NfF of Ralph nice; thence extnding along lands NfF of Ralph nice; North;
14 degrees 15 minutes 00 seconds East 214.65 feet to an iron pipe at
Lot No. 9 on the herei.nafter mentioned r:\lan of subdivision; thence
extending along Lot No. 9 South 16 degrees 15 minutes 00 seconds East
374.25 feet to ,an iron pipe at lands N/F of John Ream; thence extending/
along lands NIP of John Ream South 13 degrees 12 Ininutes 00 seconds t
West 94.80 feet to an iron pip set on the- westernmost dedi.cated right
of way line of Torway Road at lands of John Ream; thence continuing in I
and along the .....cster-nmost dedicated right of WclY line of 'l'orwflY l10ad by
on arc or curve to the left having a radius of 323.87 feet, a chord
bearing of South 24 degrees 36 minutes 30 seconds West for a chord
length of 122.03 feet and an arc distance of 122.76 feet to an iron
pipe set on said dedicated right-of-way line at Lot No.7, said pipe
marking the point and Place of BEGINNING.
being designated as Lot No. B on a final
plan of subdivision of Mandy Manor prepared foX" Ilc:1rmon~Graves Company
by Edward L. Mort, n.s., dated March 20, 1985, and recorded in Cumber-
land County Hecon'ls in Plan Book 48 at page 102.
BEING the same premises which Nancy Dudiak, single person by Deed dated 12115/92 and recorded 11/22/93 in
the Office ofthe Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 36-Q Page 776
granted and conveyed unto Wayne B. Ogburn and Shirley D. Ogburn, his wife.
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