HomeMy WebLinkAbout03-35730,3 - 3593
Law Offices
IRWIN. McKNIGHT & HUGHES
60 West Pomfret Street, Car#Me. Pennsylvania 17013 -3222
THIS AGREEMENT, made and entered into this ~,~ day of July. 2003 by and between
RICHARD E. WARREN AND HILDA K. WARREN, adult indiviuals, of 20 Peach Tree Lane, Boiling Springs.
Pennsylvania, 17007 parties of the first part (hereinafter called Owner),
AND
SIGMAN'S HOME SALES, a Pennsylvania General Contractor, with its principal offices located at 50
Bonnybrook Road, Carlisle, Pennsylvania, 17013, party ol'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 630 Hillcrest Drive. South Middleton Township,
Cumberland County, Pennsylvania as set t'orth 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 thc 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 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 par~ 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,
materialraen, 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 atbresaid, 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 tull 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 Commom~ealth 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, m~k 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, lhemselves, itselt: 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. the said parties have hereunto set their hands and seals dated the day and year first above
written.
WITNESSES PRESENT:
RICHARD E. WARREN
HILDA lC WARREN
ATTEST:
2
SCHEDULE C
Legal Description
Commitment Number: 1354
ALL that certain tract of land and premises situate in the Township of South Middleton,
County of Cumberland and Commonwealth of Pennsylvania, more particularly described as
follows:
BEGINNING at a point on the Western side of Hillcrest Drive on the dividing line between Lots
Nos. 19 and 20 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 79
degrees 47 minutes 30 seconds West 162.23 feet to a point; thence North 10 degrees 12 minutes
30 seconds West 135 feet to a point on the Southern side of Woodlawn Lane; thence by the
Southern side of Woodlawn Lane, No~h 79 degrees 47 minutes 30 seconds East 150 feet to a
point on the Western side of Hillcrest Drive; thence by the Westem side of Hillcrest Drive, South
10 degrees 12 minutes 30 seconds East 46.7 feet to a point; thence continuing by the Western
side of Hillcrest Drive by a curve to the left having a radius of 325 feet, an arc distance of 89.42
feet to the Place of BEGINNING.
BEING Lot No. 20 of Section E of the Plan of Lots known as Forge Road Acres, as
recorded in the Office aforesaid in Plan Bock 20, Page 4.
BEING the same premises which NORM ELAM AND BETTY J. ELAM, by Special Warranty Deed dated March 4,
2002, and recorded March 4, 2002, in Book 250, Page 3187, granted and conveyed unto RICHARD E. WARREN
and HILDA K. WARREN, in fee.
S T E~VA I~T TITLE