HomeMy WebLinkAbout04-0350,~tlloulat~Ons Against Liens
Thomas C Hadley and D~a 5
Ha~ey, h~ w~e
Thomas J. carricato and Sons
Builders
contractor
In the Court of Common Pleas County of
Cumber/and
Docl~et Number
Page Number
, Pennsylvania
Term 2004
Whereas, Thomas J. Cardcato and Sons Builders ('Contractor") of 50 Lester Road
Harrisburg PA 17113 has entered into a contract with Thomas C Hadley and Dana S Hadley. his wife ("OWner") of for the
erection or constru~on of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 22 CIaridge Court, Enola.
PA 17025, Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which Thomas C Hadley and Dana S
Hadley, his wife is the title holder of record; and
Whereas, it la 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 fumlshed in the said erection or construction, and that the right of anyone to claim any such lien be waived
hereby.
Now, '['~s Agreement Wi~esseth: 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 end agree, for Contractor and any and all subcontractors.
materialman, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or
claim of any kincl 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, materialman and laborers
shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done.
.,~td. this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be
effect~e with respect to work done and materials furnished under any supplemental contract for extra work in the erection,
construct/on and completion of the building as well aa to any work and labor dons and materials furnished under the
contrast aforesaid.
And, in order to give the Owner full power and authority to protect Owner and the building, improvements and tot 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 re~ord 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 shall be a sufficient exhibit of the authority herein
contained to warrant such action, and the Contractor does hereby remiss, release, and quit claim all dghts 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:.
ALL that certain piece of land situate in Township of Hampden County of Cumberland and State of
Pennsylvania, lying at the southwesterly intersection of Claridge Court and Pellingharn Circle, bounded and
described as follows, to wit:
BF_~IHNINO at the interseaion of the west~ly fight-of-way line of Pellingham Cizcle (50 feet wi~) with the
line of division betv~en Lot 21 and Lot 22; extending (1) thence along Lot 21 North 87° 43' 44" West 251.04
feet; extending (2) thence along Lot 23, North 28° 06' $8" East, 269,52 feet to the Southerly right-of-way line of
Claridge Court (50 feet wide); ~xtending (3) thence along said right-of-way line by a curve to the left having a
radius of 525.00 feet, an arc distance of 69.13 feet and a chord bearing and distance of South 65° 39' 22" Eat
69.08 feet; extending (4) thence along thc sarnc South 69° 25' 42" East 77.21 feet; extending (5) thence along
the same by a curve to thc right having a radius of 25.00 feet, an arc distance of 37.46 feet, and a chord bearing
and distance of South 26° 30' 22" East 34.05 feet to thc westerly right-of way line of Pellingham Circle (50 feet
wide) extea~ding (6) thence along said fight-of*way linc by a curve to the left having a radius of 665.00 feet, an
arc distance of 164.17 feet, and a chord bearing and distance of South 09° 20' 37" West 163.76 feet to the place
of BEOINNINO.
CONTAINING 1.027 ac~s,
BI~ING Lot No. 22 as shown on a plan entitled "Final Subdivision Plan- Phase I, Wentworth Estates" dated
11/20/02 last revised 04/11/03 Job Number I001-846, prepared by LSC Design, Inc., York PA and r~oorded in
Cumberland County Office of the r~corder of Deeds in Plan Book 87 page 50.
T~-0~73
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