HomeMy WebLinkAbout03-5013 Law Offices
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street, Carlisle, Pennsylvania 17015 -$222
THIS AGREEMENT, made and entered into this ~ '~4'day offS. ~003 by and between
ROBERT J. HOUGHTALING AND CYNTHIA A. HOUGHTALING, adult indiviuals, of 406 Mosby Drive
Lceburg, Virginia, 20175 parties of the first part (hercina~er called Owner),
AND
TIM HOFFMAN, d/b/a HOFFMAN'S CUSTOM CONTRACTING, with its principal offices located at 35
Chelsea Lane, Carlisle, Pennsylvania, 17013, party of the second part (hereinafter called Contractor).
WHEREAS, the said par~ies have by a duly executed written construction agreements under seal, both dated August,
2003, for construction and improvements to property located at Lot 38, 9 Irene Court, Carlisle, Dickinson Township,
Cumberland County, Pennsylwmia as set forth in Deed Book . Page . and as more particularly described in the
at~ached Exhibit A.
NOW THIS AGREEMENT WITNESSETH: That thc Contractor for and in consideration of the contract aforesald
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, thc 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~y 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 other~vise.
AND this Agrecmant 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 thc 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 of Common
Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of thc said Courts of Common
Pleas as Allorney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and expanse 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 tbr 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 bc good and sufficient warrant and authori[y, and a reference to the
Court, Term and Number in wbich 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 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
wrilten.
WITNESSES
' EAL )
"Owner" //
CYNTHIA A. HOUG~TfALING ~1
HOFFMAN'S CU~S~TOM CONTRANCT1NG
TII~qtOFFM~N '
"Contractor"
SCHEDULE C
Legal Description
Commitment Number: 1395
All that certain lot or piece of ground situate in Dickinson Township, County of Cumberland, Commonwealth of
Pennsylvania,
A.TJ. THAT CERTAIN lot of land ~tuat¢ in Dickinson Township, CtLmbcrlznd Coun[y,
Pe,nsylvnnia, bounded and dc~bed ~n ~rdance with Subdivision H~ fur Cla~ndon, prepared
by St~tler-Bmhm As~o:ia~s, Inc., dated Ju~e 10, l ggg remitting of 14 pages, a copy ~ which was
recorded i~ the hereinafter nam~ R~corder s ~me o~ August 19. t~8 in Plan Book 77, ~ge 56.
which Subdivlsi(m ~an for Cla~ndon i~ incorporated h~ein by reference, as follows:
BEGINNING at a point o~ the c~stcrn line of Irene Cou~ having = refills of 61 I~et at the
dividing lin~ be~een ~ts Nos. 38 and 3~; ~eacc along ~id eas~rn line of Irene Conn. by a curve
to ~e le~ having a radius ~ 61 feet an arc disxance ~ 38.~ feet to a pcb:t; france ~dll dong smd
eastern lin, af Irene Cou~ by n carve [o ~e right having a m~ias of ~ feet an am dis~nce ors1.42
feet m a ~in:; theace stall along ~ald ~as~n ~ine of Irene Coon havln~fi w~dth of 50-fee~ No~ 13
de~ees 39 minutes 33 seconds ~st a dis~ of 166.47 fe~ to a pome; [hen~ by a c~%,c to the
right having a radius of 40,00 feet an ~c ~s~nce of 56. I 3 fern to a ~int on ~e southern line of
50-feet wide Ashton Strut; ~ence along che sou~ern line of s~id 5~f~t wid~ Ashton S~t by a
cu~e to the I~ Wing a radius of 350.00 feet an m: distan~ of 101,66 feet to a point at thc
dividing line bern,eon ~ts Nos. 37 and 38; ~ence aJong said dividing linc be~*en said Lets Nos.
37 and 38, South 32 degrees 56 ~nutes 08 ~conds East a distance of 320.99 feet to n point ~t tim
dividing line between said Lo~ Nos. 3g and 39; thence along said dividing line b~tween mid Lots
Nos, 38 ~d 39 ~e following ~o courts and distances: (1) Noah 81 degrees 42 ~aut~ 4g
~econds We~t a distance of 230.36 t~ct to a ~int; ~d (2) South 66 ~egre~ 51 ~nutca 52
seconds Were a ~ismnce of 92.08 feet to a p~int on Lhc eastern line ~ said Irene Ceu~ at fl~* place
of BEGINNING.
THE ABOVE described let of land is all 0f Lot No.38 as shown on s~d Subdivision Plaa
for Clarel~don and contains a[~ ~eea of ~.572 square feet, more or lcss, and ha~ th: ~i[ing address
of 9 Irene Cot~rL C~lige, PA 17013.
BEING the same premises which LINWOOD B. PHILLIPS, JR., by Special Warranty Deed dated August 28,
2003, and recorded granted and conveyed unto ROBERT J. HOUGHTALING and CYNTHIA A. HOUGHTALING,
in fee.
ST E 'ART TITLE