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HomeMy WebLinkAbout10-7132....,f.Iwawnw ,~muaa a.,ww Curtis A. Miller and Bethany W. Miller Ow,~er Wheatland Cwstom Homes, InG cor~aaceor l ~-~-~ C5 1n the Court of Common Pleas County of Cumberland Docket Number `Q _ -~~ 3 ~ Nt~ D Pennsylvania Term 2010 Page Number Whereas, Wheatland Custom Homes, Inc. ('Contractor) of 330 Millway Road, Ephrata, PA 17522, has entered into a contract with Curtis A. Miller and Bethany W. Miller ("Owner") of 304 W. Main Street, Shiremartsfiown, PA 17011, far the erection or construction of a SfNGLE FAMILY DWELLING upon the bt of ground known as 456 Mulberry Drive, Lot 3, Trindie Estates, Mechanicsburg, PA 17050Si1ver Spring Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Curtis A. Miller and Bethany W. Miller are the tide holder of record; and Whereas, it is the Intention of Owner and Contractor that neither said tot of ground nor the improvements erected or to be erected theroon shall be subject to a lien for debts due Owner to Contaacoor or by Contractor to any subcontractor for {abor or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. Now, 'T'his Agreeffient Witaesseth: That Contractor, for and in oonsideration of the contract aforesaid and the considerations mentioned thereunder, as well ~ the further consideration of One Ll~gar ($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 parries aging 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 cartilage or cartilages appurtenant thereto by anyone, and that all subcontractors, mater~lmen and laborers shall took to and hold C personalty liable fior all subcorrtrac~s, materials famished and work and labor done. And this agreement, waiving the right of lien by anyone, shah be an independent covenant and shalt operate and be effectirre with respect to v-rork done and materials furnished under any supplemental contract for extra work in the enaction, construction and completion of the building as well as to any worts and labor done and materials famished under the contrast 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 empoMrers 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 Peas 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 materi~man, any and ail 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 bui~ing, improvements, lot of ground or any part thereof, and, for such act or acts, this shall tie good and suffaent warrant and authority, and a reference to the Court, Term and Number in which this instrument shall have bean 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. VYrtness our hands and seals the day and year aforesaid. Signed and sealed in the presence of: Curtis A. Mtfler r.C _ l 1~~1M~VMI YIIIa~. kM[ie~tand BGstiam tfomes, fns. By Richard L. Martin, President ~..., -- ~~~ , uv ~a ~J A=~ ~_, ---~ _. A'.~ t ~~ CEO/ '~ ~ ~~7' L . ~ ~ ~ -- ..,. ~ , r ~ 1 T,, .~ . ~,. .:, f. r~ia rvo. 7u-u7-ti-7lf9UUt:AP ALL THAT CEt~TAIN tract or panel of land situate in Silver Spring Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and descn'bed as follows, to wit: BEGINNMIG at an iron pin on the southern right-of~uvay line of Mulberry Drive (30' more or less legal right of way from center sine} and continwing abng a common lot line between Lots 2 and 3 of Trindie Estates, South 58 degrees 02 minutes 36 seconds East, a distance of 696.11 feet to a point in common with lands now or formerly of James A and Rebecca B. Langer, thence continuing along said lot line, South 43 degrees 17 minutes 24 seconds West, a distance of 110.22 feet to a point; thence continuing abng said tot line, South 66 degrees 17 minutes 49 seconds West, a distance of 25.67 feet to a point; thence Irving said lot line and along the common lot line between Lots 3 and 4 of Trindle Estates, North 58 degrees 02 minutes 36 seconds West, a distance of 693.46 feet to a point on the southern right-of-way line of Mulberry Drive; thence abng said right-of~vay line, North 46 degrees 22 minutes 24 seconds East, a disfiance a of 134.23 feet to a point, said point being the point of Beginning. BEING part of the same premises which Copenhaver Nurseries, inc., a Pennsylvania Corporatuon by deed dated December 21, 1988, and n~corded December 22, 1988, in the Office of the Recorder of Deeds in and for Cumberland ' County, Pennsylvania, in RecoM Book S, Volume 33, Page 788, granted and conveyed onto Trindle Spring Development Company, a general partnership.