HomeMy WebLinkAbout02-6059 Law Offices
IRWIN, McKNIGHT & HUGHES
60 West Porn fret Street, Carlisle, Pennsylvania 17013-3222
THIS AGREEMENT, made and entered into this I ~day of Decernber, 2002 by and between
ALLEN M FRIEND AND CYNTHIA K. FRIEND, husband and wife, of 304 Dcbra Road, Mechanicsburg,
Pennsylvania, 17055 parties of the first part (hereinafter called Owner),
AND
M. KEVIN RICKER, BUILDING CONTRACTOR, with its principal offices located at 6450 Red Top Road,
Harrisburg, Pennsylvania, 17111, party of thc second part (hereinat~er called Contractor).
~)~:~W~t~EREAS, the said parties have by a duly executed written construction agreements under seal, both dated
, 2002, for construction and improvements to property located at Lot I Pheasant Crossing, Carlisle,
Cumberland County, Pennsylvania as set forth in Deed Book , Page , and as more particularly described in the
attached Exhibit A.
NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid
and the consideration mentioned thereunder, as well as the further consideration of One ($1.00) Dollar to him in hand paid by the
Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant,
promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained
against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor,
materialmen or laborers for work done or materials furnished under said contract or by any other par~y acting through or under
them or any of them for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors,
materiaimen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contraets, materials
furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for
any work done or labor or materials furnished under said contract for and about the erection, construction and completion of said
buildings as aforesaid, or under any contract for extra work, or work supplemental thereto, or otherwise.
AND this Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as
well with respect to work done and materials furnished under any supplemental contract for extra work in the erection,
construction and completion of said building or buildings 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 himself and the lot or lots of ground against any
and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said
Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common
Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common
Pleas as Attorney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor
or of any Sub-Contractor or Materialman, or Material men, any and all claims or claim, lien or liens, filed by or for the
Contractor, or any Sub-Contractor or Material man, or in his or their name against said building or buildings, lot or lots 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 and where this Agreement shall have been filed shall be a sufficient exhibit of the Authority
herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit-
claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in any- wise
touching or concerning the same.
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above
WITNESSES PRESENT:
~--~YN'~IA K. FRIEND
"Owner"
By: ~ - * :~---'~/"*'~' ~ ~.~-.~ k_ X~_. (SEAL)
M. KEVIN roCKER, BUILDING CONTRACTOR
SCHEDULE C
Legal Description
Commitment Number: 1176
ALL that certain tract of land situate in MIDDLE~..EX TOWNSBq-p' Cumberland
County, Pennsylvania, being identified as l.~t I as shown on a plan of-lots known as
Pheasant Crossing prepared for Realand, Inc. by Hoover Engineering Services, Inc.,
dated August I0, 1998, approved October 7, 1998 by the Middlesex Township Board of
Supervisors, m~d recorded November 6, 1998 in the office of the Recorder of Deeds in
a.nd for Cumberland Couhty, PennsyIvania in Plan Book 77 on page 128, and being more
fully described as follows, to wit:
BEGINNING at a point in the centerline of T-591 (Old Stone House Road); thence by
Lot 1 ora subdivision plan tbr Carolyn Glaee Plan Book 45 page 30 South 44 degrees 52
minutes 31 seconds West a distance of eight hundred twenty-one and seventy hundredths
(821.70) feet to an iron pin; thence by Lot 9 of a subdivision plan for Carolyn Glace plan
book 48 page 100 South 47 degrees 09 minutes 10 seconds West a distance &six hun-
dred thirty-six and forty-nine hundredths (636.49) feet to an iron pin;thence by Lot 13 of
the aforementioned subdivision North 42 degre6s 50 minutes 50 seconds West a distance
of three hundred twenty-nine and sev. enty-five hundredths (329.75) fe~t to an iron pin;
thence by Lot 11 and by Lot 4 of the aforementioned subdivision North 37 degrees 53
minutes 06 seconds East a distance of eight hundred sixty-six and sixty-two hundredths
(866.62) feet to an iron pin; thence by Lot 3 and by Lot 2 of the aforementioned subdivi-
sion South 52 degrees 06 minutes 54 seconds East a distance of four hundred thirteen and
thirty-two hundredths (413.3 2) feet to an iron pin; thence by Lot 2 of the aforementioned
subdivision plan North 44 degrees 52 minutes 31 seconds East a distance &five hundred
twemy-seven and ninety-nine hundredths (527.99) feet to a point in the centerline of T-
591; thence in along and through the centerline ofT-591 South 52 degrees 05 minutes 24
seconds East a distance of fifty and thirty-seven hundredths (50.37) feet to a point in the
centerline of T-591 (Old Stone House Road) and place of BEGINNING. Containing
8.823 acres of land as surveyed.
BEING the same premises which GLEN E. ZIEGLER AND TANYA M. ZEIGLER, by Special Warranty Deed dated
March 3, 2002, and recorded March 3, 2002, in Book 250, Page 4493, granted and conveyed unto ALLEN M.
FRIEND and CYNTHIA K. FRIEND, in fee.
STEWART TITLE
(~UA RANT¥ COMPANy