HomeMy WebLinkAbout03-3482JAMES .£. RrlILING, M'['and
SHELL~ A. RAILING,
HUSB.4ND AND ~YLFE
S & A Custom Built tlontes, Int.
CUMBERLAND
Docket Nurnbo'
Page Number
, Pennsylvcnia
Term 2003
~erea~, S & A Custom Built Homes, ]nc ('Contractor') et has entered into a
contract with JAMES E. RAILING, ill and SHELLY A. RAILING. HUSBAND AND WIFE ("Owner*') of for the erection or
constracfion of a SINGLE FAMILY DWELLING upon the Jot oi' ground known as LOT 13 WELLGATE LANE, LOWER
ALLEN TWP, MECHANICSBURG, PA 17050,,, CUMBERLAND, PENNSYLVANIA described in Exhibit "A' hereof, of
which JAMES E. RAILING, I{I and SHELLY A. RAILING, HUSBMqD AND WIFE is the title holder of record; and
~J~e'r ~, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or lo be
erected thereon shall be subject to a lien for debts due Owner ta Contrac'[or or by Contractor to any subcontractor tor labor
or materiels furnished in the said erecUon or construction, and that ~e right of anyone to claim any such lien be waived
hereby.
.~0~. ~JJiff ~E?eelnellt ~ilne~:il~lJy That Contractor, for end in conaideratian cf the contr'ac: afore~.aid end the
considaratio,na mentioned thereunder, as well aa the further consid, eration of One Dollar ($1.00) to it tn hand paid by me
Owner at or before [he sealing and delivery of these presents, the receipt of which is hereby acknowledged, end intending
to be legally bound hereby, does hereby covenant, promise end agree, for Contractor and any and ail subcontractors,
materialman, laborers and parties acting fcf, through or under Contractor. that no n'lechenics' lien or claim or other lien or
claim of any kind whatsoever shall be filed or maintained against the building, ~mprovements, lot of ground or any part
hereof: or the curtilage or cut'tilages appud, enent thereto by anyone, and ~hat ali subcontractors, materialman and tsberers
shall, look to and hold Contractor personally liable for all subcontracts, materials furnished and work and Jabot dona
~llb this agreement, waiving the right o~ lien by anyone, shall ba an independent covenant and shall operate and be
effective with respect to work done and materials furnished under any suppiemantal contract for extra work in the erection.
constructiorJ and comple/ian of the building ~e well as to any work and ts~or done and materials furnished under the
Contract aforesaid.
~11~, in order to give the Owner full power and authority to protect Owner and the building, improvements arid lot of
ground, against any and all claims filed by Contractor or anyone acting under or through Cont,*actor in v[olatian of the
foregoing covenarlt, Contra~or hereby irrevocably authorizes and empowers any Attorney Gl any Coud of Common Pleas
of the C0mrnonweaith of Pennsylvania '~o appear for Contractor in any of the said Courts of Common Pleas as attorney for
Con.acer and in Con{factor's name, mark satisfied of record at the cost and expense o~ the Contractor, or of any
subconh!actor or materialman, any and all c~a!ms or olaim, liens or I~en, filed by or for Ihs Contractor, or any subcontractor
or rnatarlal.~an, or in the ~ne of any one or more of them against the building, improvements, lot of Ground or any' part
thereof, and, for such act or acts, this shall be good and sufficient warrant and authority= end a re[erance to the Crud:,
Term and NumDer in which this instrument shall have been riled shall De a sufficient exhibit cf the authority herein
contained to warr'-~d such action, end the Contractor does hereoy remiss, release, and quit claim all rig, bra and ail manner
o~' errors, defects and imperfect(one whatsoever in entering such sat~sfactic~ of in anywise louching or concemino ~he
same.
Witness our hand and seal the day and year aforesaid.
Signed and sealed in the presence of:
~7/,.~.:}./2003 22:82 7176719676 P~GE 83/83
File No. 03-359
At,I. THAT CI:~R'I'AIN tract or parcel of land situate in tile Township of Lower Alien, County uf Cumb rland, Commc ~wea th of
Pem~sylvania more particularly bounded and described as follows to wit:
B I",GINNING at: a poin! on th.e northern right-of~way line of Wellgate l.ane (60' wide) at the dividing Ii:ne between lots #l 3 and # 14
as shown on the hereinafter mentioned plan; thence along the dividing line between lots # 13 and ~ 14 N 09° 21' 06" West a distance
of 144.51' feet to a point at the dividing line bet~'een tots ¢! 3, #14 and ~,' 15: thence along the di,,'iding line between lots ¢~ 13 and ,3¢ 15
N 39* 59' 41' E a distm~ce of 13 t,24' feel: to a point ar fl~e dividing line betweeu lots # 12, # 13 and # 15; thence ahmg the dividiog
li~e between lols #12 and # 13 S 57°..!4, 57" E a distance of 268,58' feet to a point on the nm:them right~of-way line of Wellgate
Lane: lhence along the northern righl-of-Vv~t}( line of Wellgate Lane by a euwe, cra'ring to the right in a southwesterly direction
having a radius of 170.00' feet and an arc I~'ll'/gth of 72.40' Feet to a point; thence coutinuing along the same S 74' 00' 00" W a
distance of 222.3q' IL'et to a poinl, said point being the place oFBEGINNING.
Containing 41,052.77 SF, ,. ..
Being lot #13 aa shown oo the Final Subdivision PI&~ of A[len Estates. Said plan beiog recorded io Plan Book 72, Page 125.