HomeMy WebLinkAbout07-4402
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THIS AGREEMENT made and concluded this (~ day o , 2007,
between DEBORAH M. CARBAUGH AND MARK CARBAUGH , of GARDN S,
PENNSYLVANIA, party of the first part (hereinafter called Owner), CLAYTON HOMES. BUILDER
party of the second part (hereinafter called Contractor).
WHEREAS the said parties have by a duly executed Agreement under seal, bearing even date
herewith, entered into a written contract for the erection and completion of a residential dwelling to be
erected on 53 SMITH ROAD, GARDNERS, PA 17324 and more particularly described in the attached
legal description, in which Agreement the Contractor covenanted promised and agreed that no mechanics'
claims or liens should be entered and filed against the said building or buildings or any part thereof, or the
curtilage or curtilages appurtenant thereto,
NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of the
awarding to him by owner of said contract as aforesaid, as well as the further consideration of One ($1.00)
Dollar to him paid at or before the ensealing 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 billed against the said building or buildings or the curtilage or
curtilages appurtenant thereto, by Contractor or any sub-contractor, material men or laborers for work done
or materials furnished under said contract for and about said building or buildings or any part thereof, or on
credit thereof, and that all sub-contractors, material men, 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 erected, construction and completion of said
buildings as aforesaid, or under any contracts for extra work, or for work supplemental thereto, or otherwise.
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 or 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 costs and expense of
the Contractor or of any Sub-Contractor, or Material man, or Material men, any and all claims or claim, lien
or liens, filed by or for the Contractor, or any Sub-Contractor of 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, 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
anywise 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.
Witness present: ~, ~~
~~.
Cl on Homes ,Builder
B ohn E. Howe
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e orah M. Carbaugh
Mar c Carbaugh
STATE OF ~~ )
r'~ COUNTY OF ~'Q,K~ ~ ss:
~h
On this, tke~_ day of , 2007, before me, the
undersigned officer, personally appea Jo n E. Howe, of Clayton Homes (builder]
and Deborah M. Carbaugh and Mark arbaugh
known to me, (or satisfactorily proven] to be the person whose name is subscribed
to the within, instrument, and acknowledged that he executed the same for the
purpose therein contained.
IN WITNESS WHEREOF, 1 have hereunto set my hand and.seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NOTAP.IAL SEAL
MICHELLE K. BGCKER, Notary Public
Hanover Boro., York County
My Commission Expires March 19, 2009
.. ..~
SCHEDULE C
(Description)
ALL that certain lot of ground situate in South Middleton
Township, Cumberland County, Pennsylvania, bounded and described
as follows pursuant to Subdivision Plan for Fred W. Sowers
recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Plan Book 59, page 15;
BEGINNING at a spike in Smith Road (T-531) on the dividing
line between Lot No. l0 of plan of lots recorded in Cumberland
County Plan Book 53, page 115 and Lot No. 17 of plan of lots
recorded in Cumberland County Plan Book 59, page 15; thence by
said dividing line, South-18 degrees 06 minutes 10 seconds East
291.67 feet to a steel pin; thence by land of Fred W. Sowers, et
ux, South 71 degrees 53 minutes 50 seconds West 228.69 feet to a
proposed steel pin; thence by the dividing line between Lots 16
and 17 on plan of lots recorded in Cumberland County Plan Book
59, page 15, North 18 degrees 06 minutes 10 seconds West 291.67
feet to a proposed steel pin in Smith. Road (T-531); thence in
Smith Road (T-531), North 71 degrees 53 minutes 50 seconds East
228.69 feet to a steel pin, the place of BEGINNING. BEING Lot No.
17 on the .above mentioned plan of lots recorded in Cumberland
County Plan Book 59, page 15.
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