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HomeMy WebLinkAbout03-3935 Law Offices IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street, Carlisle, Pennsylvania 17013 -3222 THIS AGREEMENT, made and entered into this ~' of August, 2003 by and between THOMAS R. BEAR, JR. SPRING BEAR, adult indiviuals, of 214 Stone Hous Road, Carlisle, Pennsylvania, 17013 parties of the first part (hereinaller called Owner), AND SUNBEAM BUILDERS, a Pennsylvania General Contractor, with its principal offices located at 57 E. Creek Road. Newburg, Pennsylvania, 17240, paay 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 I,ot 3 Mount Rock Road, approixamately 2.00 acres, 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, 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 cartilages 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 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 ol' 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-Contraator or Material man, or in his or their name against said building or buildings, lot or lots of ground or any part thereof and fbr such act or acts this shalI 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 Authori[y herein contained to warrant such action, and the Contractor for himself, themselves, itself, 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: THOAMS R. BEAR,~ ATTEST: S~AM BUILDERS "Contractor" (SEAL) ALL that certain lot of ground situate in West Pennsboro Township, Cumberland County, Pennsylvania, bonnded and described in accordance with a Subdivision prepared by Eric L. DiffenbaL~gh, 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: BEGL¥~%TNG at a point at an existing iron pipe set on the southern dedicated right of ,a'ay line of Mount Rock Road at western edge of 50 foot private right of way; thence along western edge of 50 fbot private right of wa,,,' South 01 degrees 53 mint~tes 42 seconds West 580.80 feet to an iron pipe set; thence along Lot No. 2 on said plan North 88 degrees 07 minutes 30 seconds West 149.95 feet to a set iron pin; thence along lands nos;' or formerly of Theodore Clouse North 01 degrees 53 minutes 07 seconds East 580.80 feet to an existing iron pin; thence alun= southern dedicated right of way of Mount Rock Road SoL, th 88 degrees 07 minutes .or seconds East 150.00 feet to a point the place of BEGL~,?VL:VG. CONTAfNL'¥G 2.000 acres and designated as Lot No. 3 on plan of Shawn L. ·Frick. TOGETHER with ingress, egress, and regress over 50 loot private right of way as shown on plan of record. TOGETHER ANDSUBJECT TO Agreement for a 50 foot private right, of way flied in conjunction with the Subdivision Plan for Shawn Frick approved by tile supervisors of West Pennsboro Township and filed in Cumberland County Miscellaneous Book 697, Page 1187 setting forth maintenance and use requirements with adjoining lot owners. BEING part of the same premises which Terry. L. Heckman granted and conveyed to Shawn L. Frick and Stacy L Frick, his wife, Grantors herein, by deed dated August 9, 2000 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 227, Page 57. BEING the same premises which Shawn L. Frick and Stacy L. Frick, his wife, by their deed dated August 11, 2000, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 227, Page 57, granted and conveyed to Thomas R. Bear, Jr. and Spring Bear, mortgagors herein.