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HomeMy WebLinkAbout03-5887'~ ~,~lat~'ons Against Liens Brian K. Magee and Heather R. Magee Owner John D. Mellinger, t/d/b/a, J & M Building Contractors Contractor In the Court of Common Pleas County of Cumberland Commonwealth of Pennsylvania Docket Number ~) Page Number Whereas, John D. Mellinger, Ed/b/a, d & M Building Contractors ('Contractor") of 2196 Pine Road, Newville, PA 17241 has entered into a contract with Brian K. Magee and Heather R. Magee ("Owner") of the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 4~' Centerville Road, Newville, PA 17241, West Pennsboro Township, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Brian K. Magee and Heather R. Magee is the title holder of record; and Whereas. it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. Now, This Agreement Witnesseth: That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any part hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. And this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the building as well 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 Owner and the building, improvements and lot of ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name 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, and a reference to the Court, Term and Number in which this instrument shall have been filed shalt be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the same. Witness our hand and seal the day and year aforesaid. Signed and sealed in the presence of: J(~hn D. Mellinger, tldlbla, J-& M Building Contractors Exhibit A ALL that certain tract of land situate in the Township of West Pennsboro, Cumberland County, Pennsylvania, being known as Lot 2 as shown on Final Subdivision Plan for J. Richard Magee by Larry Neidlinger, R.S.P.E., dated May 23, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Subdivision Plan Book 55, Page 150, and being more fully bounded and described as follows: BEGINNING at a point in the eenterline of Pa. Route 233 at the comer of land now or formerly of Theodore F. Gebhart, et ux; thence through the centerline, North 36 degrees 57 minutes 50 seconds West 150.00 feet to a point in the eenterline of the said Pa. Route 233; thence North 68 degrees 41 minutes 50 seconds East 282.90 feet to an iron pin located at the comer of Lot 3 of the Plan reference above; thence along Lot 3, South 14 degrees 58 minutes 10 seconds East 164.29 feet to an iron pin; thence along a private right of way, South 74 degrees West 220.21 feet to a point in the centerline, the place of BEGINNING. CONTAINING 38,303.86 square feet. BEING that same real estate that J. Richard Magee and Vicki Lee Magee, husband and wife, by their deed dated October 3, 2002 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 255, Page 1102, conveyed to Brian K. Magee and Heather R. Magee, husband and wife, Grantors and Mortgagors herein.