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HomeMy WebLinkAbout06-3905 , , . '. ~tiPult'ons Against Liens JAMES D ZITCH and JOELLEN J. ZITCH 3ln tbe ltourt of ltommon lllel1s ltount!' of Cumberland , Pennsylvania Owner YOUNG WG HOMES OF CENTRAL PA Docket Number tJf&,- 3 9tl.> jI1 L-b Term 2006 Contractor Page Number Wberel1s, YOUNG LOG HOMES OF CENTRAL PA ("Contractor") 01 252 Lincoln Drive. New Cumberland, PA 17070, has entered into a contract with JAMES D ZITCH and JOELLEN J. ZITCH (.Owner") 01 210 Orchard Road. Harrisburg, PA 17070, lor the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 100 BRINDLE ROAD, Mechanicsburg, PA 17055 Monroe Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereol, 01 which JAMES D ZITCH and JOELLEN J. ZITCH are the mle holder of record; and Wbereas, it is the intention 01 Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon shall be subject to a lien lor 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. Jiow, 'Ql;bts \!lgreement Wtlnesselb: That Contractor, for and in consideration 01 the contract aloresaid and the considerations mentioned thereunder, as well as the lurther consideration 01 One Dollar ($1.00) to it in hand paid by the Clwner at or belore the sealing and delivery 01 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. \!lnll 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. ~nb, 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 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. J L(..ly 3. ;;2.tX)&> Signed and sealed in the presence of: ~/~ '- . .----- ------- ' ,. \ 'i,r .. r~:';' ,......, f':~ :.::fl 2::::' --n 81 s:- ..-' ..., ~ No. 06.1228TS Exhibit A FPTI'NESSE'rR, that in COll.Sidemtitlll of the sum of Seventy-five Thousaod:tlJ4 no/1OO ($75,000.00) DoUan, the re~ wbmofie hete1:Iy ~kDowl.cdged, the said Grantors do heraby granl and coDvey unto the said Grantees. ALL TJlA t CERTAIN piece or pllTtel of land situate in the Township of MOlll'OCi, Count)' of Cumberland and Stat~ofPenmylva.tlia.. bounded anddesctibed all follows: BEGINNING In a nail in the ccxrter line of the public road leading from the Williams Otove 'Road to the Lil;bum Road; thence by tbe center line of said road, South 50 delll'=S 'IS mil1uteS East, two hundred (200) feet to a point; thence by othlltlands of the grantOra hQrcin., South 3 ~ dCSf=ll S ollnute5 We-it, two hundred seVenteca and eight" tenths (211.8) feet to an iron pipe; tb&llCe by the same, NO'tth SO degrees 45 minutes West, two hundro<i (200) feet to an iron pipe; lhent.e by the same, North 3~ deite~ 15 minu1es East. two hunth:ed seventeen and eight.tenths (217.11) feet 1'.0 a Il3il, the platO of SBGINNINO. COl'(rAINING one (I) &.cre. '". '-T ;...-' < .'j. File No.: 06-1228TS Commonwea~h of Pennsylvania } SllWllrj of Cumberland } ss tee YerJ< ~+h :r~'t. ~p On this.ael+1 day of , 2006, before me, the undersigned Notary Public, personally appeared SCOTT R. YOUNG Sole Proprietor, of YOUNG LOG HOMES OF CENTRAL PA , known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledge that they executed same for the purposes therein contained. IN WITNESS THEREOF, I herewith set my hand and official seal. ~cth~ Notl'ry Public My commisMvo.9I<I>ir,as ~~LTH OF PENNSYLVANIA NolaI1oI Seal 8olV1ie E. Bnileker, NotaIy Public Fallvlow Twp., YOIt< Cot.nIy My Commlosion Expires Jen ll, 0009 Member, Pennsylvania AssocIation of Notaries Commonwealth of Pennsylvania ) County of iWFlll!llrlllllll..--l ss If,)c,w::t-r . On this 30th day of June, 2006. before me, the undersigned Notary Public, personally appeared, JAMES 0 ZITCH and JOELLEN J. ZITCH known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledge that they executed same for the purposes therein contained. IN WITNESS THEREOF, I herewith set my hand and official seal. U'~~~ IIIr ~r My commissfon expires ~.~--- --.....-.- / 1._ ~., flW"ot'Ilm7'~ e:~'~< '>i?~..tI}q r:? - ,:;~ lot I 1- -_.. ,.. .;<:;All!!!A!lfiT i ,"' "~', ' \.-' " '.' - tlil - - . :" ,,1 . OIldul1\", _ ",'->'~~Trr;,Br1....., f yf....,<~-: -:"-', . J .e. _ '""'moO \;~..i L~'~~.Y - " -";,~~~~"..,~__~~_ ~~ " ~ ~ C) ~ '" "- V-, Cv ~ ~ \. . ~ t r .......~ . .' f ,',of""" . ( (~- - () -il -! :1: ~ t\:5 .t.,- ~ ... ~ ()-- ~ ~ ~ t ~ ~ ~. ~ ~ &., ~ ~ ~ ~ ~ f t.