HomeMy WebLinkAbout03-1145 Law Off'wes
IR WIN~ McJY~VIGHT & HUGHES
60 West Pomfret Street, Carlisle, Pennsylvania 17013-3222
THIS AGREEMENT, made and entered into this 12 day of March, 2003 by and between
DUSTIN A. DANNER AND CRYSTAL V. DERR, adult individuals, of 1156 Centerville Road, Newville,
Pennsylvania, 17241 parties oftbe first part (hereinafter called Owner),
AND
LAWMEN CONSTRUCTION, LLC, BUILDING CONTRACTORS, with its principal offices located at 149 Kerrs
Road, Carlisle, Pennsylvania, 17013, party of the second part (hereinafter called Contractor).
WHEREAS, the said parties have by a duly executed written construction agreements under seal, both dated February,
11, 2003, for construction and improvements to property located at Lot 2 Centerville Road, Cumberland County,
Pennsylvania as set forth in Deed Book ~qg , 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 thc said building or buildings or thc curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor,
matcrialmen or laborers for work done or materials furnished under said contract or by any other party 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,
materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, 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
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, thc said parties have hereunto set their hands and seals dated the day and year first above
WITNESSES PRESENT:
DUSTIN A. DANNER
~I~YSTAL V. DERR
"Owller'
(SEAL)
(SEAL)
ATTEST:
LAWMEN CONSTRUCTION, LLC
GRANT A. MARSHALL
(SEA~)
(SEAL)
2
First American
Commitment No. 020-003529
Title Insurance Company
SCHEDULE C
Legal Description
Al, I, that certain tract of land situate in Penn Township, Cumberland County,
Pennsylvania, bounded and described as follOws:
BEGINi~¥G at an existing stone pile on the North side of the Mary Himes Vale Road,
said comer being the southeast comer of land of Maynard W. Sweger and wife and said corner
also being 13.8 feet West of electric pole 67741; thence by said Sweger land, North 33 degrees
56 minutes 55 seconds East 297.5 feet to an existing stone pile; thence bY land of the Grantor,
South 56 degrees 3 minutes 5 seconds East 65 feet to an iron pin in a stone pile; thence by same,
South 13 degrees 33 minutes 45 seconds East 463.76 feet to an iron pin in a stone pile; thence by
same, South 33 degrees 56 minutes 55 seconds West 226.79 feet to an iron pin in a stone pile on
the North side of said road; thence along the North side of said road, the following courses and
distances: North 31 degrees West 174 feet to an iron pin in a stone pile, North 13 degrees 33
minutes 45 seconds West 250 feet to an iron pin in a stone pile and North 56 degrees 3 minutes 5
seconds W est 65 £ eet t o a n existing s tone pile o n t he No rth side o f s aid road, the Place of
BEGINNING.
CONTAINING 2.6516 acres, more .or less.
IT BEING Lot No. 2 on the Subdivision Plan of Mary H. Vale which said Subdivision
Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Plan Book 40, Page 10.
PA-3