HomeMy WebLinkAbout03-1434 Law Off'wes
60 West Pomfret Street, Carlisle, Pennsylvania 17013-3222
THIS AGREEMENT, made and entered into this2~y of March, 2003 by and between
EDWARD G. MURDOCK AND CARYL J. MURDOCK, his wife, of 752 West South Street, Pennsylvania, 17013
o Iq
parties of the first part (hereinafter called Owner),
AND
LONE TREE, INC., a Pennsylvania Contractor, with its principal offices located at 4409 Carlisle Pike, Camp Hill,
Pennsylvania, 17011, party of the second part (hereinafter called Contractor).
WHEREAS, the said parties have by a duly executed written construction agreements under seal, both dated
for construction and improvements to property located at Lot 37 Longyi. 'ew Road, North Middleton Township 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 ($I .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 party acting through or under
them or any of them for and about said building or buildings or any part thereef, 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
herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit-
claim ail 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
J. MURDOCK
"Owner"
LONETREE, INC.
(SEAL)
Commitment Number: 1250
SCHEDULE C
Legal Description
ALL THAT CERTAIN plat, tract, parcel or lot of land located in North
Middleton Township, Cumberland County, Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a point on the eastern side of Long View (50 feet wide)
at the southwestern corner of Lot No. 38 on the hereinafter mentioned
Plan of Lots; thence along Lot No. 38, North 85 degrees 59 minutes 45
seconds East, 153.50 feet to a point at North Ridge Phase II; thence
along North Ridge Phase II, South 11 degrees 48 minutes 13 seconds
East, 185.85 feet to a concrete monument at land now or late of the
Township of North Middleton and the eastern corner of Lot No. 36;
thence along Lot No. 36, North 69 degrees 29 minutes 13 seconds West,
218.73 feet to a point on Long View; thence along Long View by a curve
extending tO the left in a northerly direction and having a radius of
225.00 feet~ an arc distance of 96 28 feet to a point, the place of
BEGINNING. ·
BEING Lot No. 37 on the Final Subdivision Plan for North' Ridge Phase
IV, as recorded in Cumberland County Plan Book ~S , Page ~O
.CONTAINING 24',016 square feet or 0.551 acre.
BEING the same premises which FRED A. GETTYS AND YVONNE W. GE'FTYS, by Special Warranty Deed
dated March 12, 2003, and recorded March 24, 2003, granted and conveyed unto EDWARD G. MURDOCK and
CARYL J. MURDOCK, in Deed Book 256, Page 1034 in fee.
STEWART TITLE
(}UA ]~ANTY COMPANY