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IRWIN~ McKNIGHT & HUGHES
60 West Porn fret Stree6 Carlisle, Pennsylvania 17013-3222
THIS AGREEMENT, made and entered into this day of May, 2003 by and between
MICHAEL SHERIFF AND PENNY SHERIFF, his wife, of 63 E. Main Street, Newville, Pennsylvania, 17241
parties of the first part (hereinafter called Owner),
AND
MICHAEL SHERIFF, a Pennsylvania General Contractor, with its principal offices located at 63 E. Main Street,
Newville, Pennsylvania, 17241, party of the second part (hereinafter called Contractor).
WHEREAS, the said parties have by a duly executed written construction agreements under seal, both dated ,
2003, for construction and improvements to property located at Lot 1 & Lot 2 Walnut Bottom Road, West Pennsboro
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 ($1.00) Dollar to him in hand paid by the
Owner at or before the sealing and delivery of these presents, thc 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 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 e. nd 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
SCHEDULE C
Legal Description
Commitment Number: 1290
ALL those certain lots of ground situate in West Pennsboro Township, Cumberland
County, Pennsylvania, bounded and described in accordance with a Subdivision prepared by
Eric L. Diffenbaugh, RPLS dated September 4, 2001 and recorded in the Office of the Recorder
of Deeds for Cumberland County in Plan Book 85, page 49, as follows:
TR,4 CT NO, 1:
BEGINNING at a point at an existing iron pipe set on the southern dedicated fight of
way line of Mount Rock Road at lands now or formerly of Robert Waggoner; thence along lands
now or formerly of Robert Waggoneer3 South 01 degrees 53 minutes 42 seconds West 1,582.29
feet to an existing iron pipe; thence along lands now or formerly of Larry Hoover South 79
degrees 41 minutes 51 seconds West 284.96 feet to an existing rebar; thence along lands now or
formerly of Larry Hoover North 04 degrees 51 minutes 13 seconds West 343.24 feet to a
concrete monument set; thence along Lot No 2 on said plan North 79 degrees 41 minutes 51
seconds East 275.07 feet to an iron pin set; thence along Lot No 2 and 3 on said plan North 01
degrees 53 minutes 42 seconds E asr 1,243.51 feet to an iron pin set; thence along southern
dedicated right of way of Mount Rock Road South 88 degrees 07 minutes 30 seconds East 50.00
feet to a point the place of BEGINNING.
CONT.4INING 3.8183 acres and designated as Lot No. I on plan of Shawn L. Frick.
Said lot shall retain the ownership of S0 foot right of way.
TR,4 CT NO 2:
BEGINNING at a point on western edge of 50 foot private right of way as shown on
plan at comer of Lot No. 3; thence along western edge of right of way South 01 degrees 53
minutes 42 seconds West 662.71 feet to an iron pin set; thence along Lot No. I South 79 degrees
41 minutes 51 seconds West 275.07 feet to a concrete monument set; thence along lands now or
formerly of Larry Hoover and William Thrush North 04 degrees 51 minutes 13 Seconds West
430.00 feet to an existing iron pipe; thence along lands now or formerly of Theodore Clouse
South 88 degrees 01 minute 40 seconds East 169.49 feet to an existing iron pipe; thence still
along lands now or formerly of Theodore Clouse North 01 degrees 53 minutes 07 seconds East
293.98 feet to an iron pin; thence along Lot No. 3 South 88 degrees 07 minutes 30 seconds East
149.95 feet to a point the place of BEGINNING.
CONTAINING 3.7147 acres and designated as Lot 2 on plan ofShawn L. Frick.
BEING the same premises which TERRY L. HECKMAN, by Special Warranty Deed dated August 9, 2000, and
recorded August 11, 2000, in Book 227, Page 57, granted and conveyed unto SHAWN L. FRICK and STACY L.
FRICK, in fee.
STEWART TITLE
~UARANTY COMPANY