HomeMy WebLinkAbout03-2874 Law O~eas
IRWIN, McKNIGHT & HUGHES
60 We~t Pomfket Street, Carlisle, Pennsylwnia 17013-3222
TItI$ AGREEMENT, mede end entered into this day of May, 2003 by end between
JERRY W. SWARTZ AND JOHN W. H. WEAVER, adult indlvluals, of 17 Lebo Road, Carlisle, Pennsylvenia,
17013 parties of the first part (herninaiter called Owner),
AND
JERRY W. SWARTZ~ a Pennsylvania General Contractor, with its principal offices located at 17 Lebo Roed,
Carlisle, Pennsylvunin, 17013, party of the second part (herainatter called Contractor).
WHEREAS, thc said pan~ies have by a duly executed written construction agreements under seal, both dated
2003, for construction and improvements to property located at Lot 55 Sunset Drive, South Middleton Township,
Cumberland County, Pennsylvania as set forth in Deed Book , Page , end as more particularly described ia the
attached Exhibit A.
NOW THIS AGREEMENT WITNESSETH: That the Contractor for end 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 bend paid by the
Owner at or before the sealing end delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant,
promise end 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, end that all sub-contractors,
materiaimen, and laborers on said work shall look to and hold Contractor perr, onaily liable for all sub-contracts, materials
furnished and work end labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for
eny 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 eny contract for extra work, or work supplemental thereto, or otherwise.
AND this Agreement waiving the right of lien shall be an independent covenent 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 end completion of said building or buildings as to any work and labor done end 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 eny
and ail 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 eny 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 end expense of the Contractor
or of eny Sub-Contractor or Materlaimen, or Material men, any and all claims or eleim, lien or liens, filed by or for the
Contractor, or eny Sub-Contractor or Materinl man, or in his or their name against said building or buildings, lot or lots of
ground or any part thereof end for such act or acts this shall be good and sufficient warrant and authority, end 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 remisa, release and quit-
claim all rights end 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:
· Y (SEAL)
2
Commitment Number: 1315
SCHEDULE C
Legal Description
ALL that certain tract of land situate in South Middleton Township, Cumberland
County, Pennsylvania, bounded and described in accordance with a Plan prepared by Statler-
Brehm Associates, Inc., dated October 15, 1996 and recorded in the Office of the Recorder of
Deeds for Cumberland County in Plan Book 76, Page 56.
BEGINNING at a point on southern right-of-way line of Sunset Drive at Lot No. 54;
thence along Sunset Drive South 80 degrees 26 minutes 15 seconds East 90.00 feet to a point;
thence along Lot No, 56 South 09 degrees 33 minutes 45 seconds West 140,00 feet to a
point; thence along Lot No. 45 and 46 North 80 degrees 28 minutes 15 seconds West 90.00
feet to a point; thence along Lot No. 54 North 09 degrees 33 minutes 45 seconds East 140.00
feet to a point, the Place of BEGINNING.
CONTAINING 0.2893 acres and designated as Lot No. 55 on Plan of South View
Estates.
BEING the same premises which DONALD A. GROUP, ETAL, by Special Warranty Deed dated June 5, 1998,
and recorded June 5, 1998, in Book 178, Page 151, granted and conveyed unto GM DEVELOPMENT, in fee.
8TE~ART TITLE
GUARANTY COMPANY