HomeMy WebLinkAbout01-1296· otrpulatlons Agains Lens
BRENTL y M. HICKS and
LIND~4 J. HICKS
Carlson Construction Company,
[nc.
Contractor
JJn toe ~;ourt of ~;ommon ~lea~ Countp of
Cumberland
Docket Number
Page Number
, Pennsylvania
Term 2001
'~¢ljerea~, Carlson Construction Company, Inc. ('Contractor") of 1085 Country Club Road, Camp Hill, PA 17011 has
entered into a contract with BRENTLY M. HICKS and LINDA J. HICKS ("Owner") of for the erection or construction of a
SINGLE FAMILY DWELLING upon the lot of ground known as Lot 24 R var Bend, East Pennsboro Township, Enola, PA
17025, ,, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which BRENTLY M.
HICKs is the title holder of record; and HICKS and LINDA J.
'~gre~ls, 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 hy 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.
~o~, ~]~i~ ~[llreenlellt ~)itlle~et~ That Contractor, for and in considerat on of the contract aforesa d and the
considerations merit oned thereunder as well as the further consideration of Cna Do ar ($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,
materialman, aborers and parties act ng 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, materialman and laborers
shall look to and hold Contractor personally liable for all subcontracts, materials furnished and Work and tabor done.
~l'llb 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 supPlement,al 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.
~'lIb, 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 irrevocab
of the Commo ly authorizes and
nwealth of Pennsylvan,a to appear for Contractor in ~e~,p~o.w.~ers ar~y. Attorney of any Court of Common PI¢*~
r.. ,y Ur me 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 shall 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
same,
of errors, defects and imperfections whatsoever in entering such sat sfaction of in anywise touching or concerning the
Witness our hand and seal the day and year aforesaid.
Signed and sealed in the presence of:
:--, ,,
FiLe No. 01-167
ALL THAT CERTAIN piece, parcel or lot of lands situate in East Permsboro Township, Cumber/and County, Pennsylvania;
designated as Unit No. 24 on the Preliminary/Final Subdivision Plan by Ret~:ew Associates, for RiVer Bend,
dated November 15, 1996, last amended January 7, 1999 and recorded in the OfficeA Planned COmmunity
County on February 24, 1999, in Plan
Planned Community, dated Octo- Book 78, page 75, and being of the Recorder of Deeds in and for Cumber/and
Miscellaneous Book 591 -a _~er 9, 1998 and designated as Unit No. 24 in a Declaration of River Bend, A
recorded in the Office of the Rec~ .
,~' ge 477, being further bounded and described as follows,3~doe~vi~:f Deeds in and for Cumber/and County, in
BEGINNING at a point on the Northerly right-of, way line of Halyard
by said line, North 45 degrees 54 minutes 22 seconds East, a distance of 328.00 feet to a
Mickey C. Shuler and SUsan G. Shuler; thence by said Shuler lands, South 07 degrees 59 minutes 39 Seconds East, a distance of
237.60 feet to a point at a COmer of Lot Number 25; thence by said Lola 40 foot w/de public Street), at a COmer of Lot No. 23; thence
223.50 feet · point on line of lands now or formerly of
to a point on the Northerly right-of-~vay line o" ~ , South 66 degrees 44
~ a~orementioned Ha1~,~-.~. ,~ minutes 09 seconds West a
45 seconds West, a distance of 114.39 feet to a point, the Place °fBEG/NN/NG. J"-", mence by said ri~'ht~~' ~-. .,. ~,,~tance of
CONTAINING 43,678 Square feet or 1.00 acres, o ~,, way line, by a line
curving to the left and having a radius of 316.39 feet, an arc length of 115.02 feet and a Chord bearing of North 33 degrees 40 minutes