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HomeMy WebLinkAbout02-1645 Lan, Offices IRWIN. Mc~Y, NIGHT& HUGHES 60 West Porn fret Street, Carlisle, Pennsylvania 17013-3222 THIS AGREEMENT, made and concluded this PAUL J. CUNNINGHAM AND DEBORAH L. CUNNINGHAM, HIS WIFE Mechanicsburg, Pennsylvania, 17055, parties oftbe first part (herainat~er called Owner), LARRY V. NEIDLINGER with its principal offices located at 595 Gresson Road, Carlisle, Cumberland County, Pennsylvania, 17013, party oftbe second part (hereinafter called Contractor). day of March, 2002 between of 427 Independence Court, WHEREAS, the said parties have by a duly executed agreement under seal, dated ~3 c::~, 2002, entered into a written contract for the erection, consU'uction and completion of a single family dwelling located at Lot 27 Ashton Street, Carlisle, Dickinson Township, Cumberland County, Pennsylvania as set forth in Deed Book ~.~! , Page/O~, and as more particular described in the attached Exhibit A. NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration oftbe contract aforesaid 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 scaling and delivery of these presents, the 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 cartilages appurtenant thereto, by Contractor or by any sub-contractor, materialman or laborers for work done or materials furnished under said contract or by any other party 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-contracta, 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 otherwise. AND this Agreement 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 the 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 oftbe Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common Pleas as Attorney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-Conmtctor or Materialman, or Material men, any and all claims or claim, lien or liens, filed by or for 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 be good and sufficient warrant and authority, and a referenc~ to the Court, Term and Number in which 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 concexning the same. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above WITNESSES PRESENT: schedule C La.nd. Descnphon Number ALL THAT CERTAIN lot of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision Plan for Clarendon. prepared by Statlcr-Brehm Associates. Inc., dated .rune 10, 1998 consisting of 14 pages, a copy of which was recorded in the hereinafter named Recorder's Office on August 19. 1998 in Plan Book 77, Page 56, which Subdivision Plan for Clarendon is incorporated herein by reference, as follows: BEGINNING at a point on the southern line of Ashton Street cul-de-sac at the dividin~ line between Lots Nos. 27 and28; thence along said southern line of Ashton Street cul-de-sac'by a curve to the left having a radius of 61 feet an arc distance of 87.80 feet to a point at lhe dividing line between Lots Nos, 26 and 27; thence along said dividing line between said Lots Nos. 26 and 27, the following three courses and distances:(1) North 74 degrees 35 minutes 37 seconds East a distance of 145.63 feet to a point; (2) South :58 degrees 51 minutes 25 seconds East a distort e of 156.95 feet to a point; and (3) North 31 degrees 08 minutes 35 seconds East a distance of l~)~.00 feet to a point in line of Lot No. 3 as shown on Mainello subdivision recorded in said Re¢order's Office in Plan Book 69, Page 12; thence along said line of said Lot No. 3 as shown on Mainello subdivision, South 58 degrees 51 minutes 25 seconds East a distance of 254.97 feet to a point in line of land now or formerly of Dennis L. and Donna M. Coleman; thence along line of said land now or formerly of said Dennis L and Donna M. Coleman, South 57 degrees 03 minutes 52 seconds West a distance of 427.63 feet to a point at the dividing line between said Lots Nos. 27 and 28; thence along said dividing line between said Lots Nos. 27 and 28, the following two courses and distances: (1) North 48 degrees 27 minutes 35 seconds West a distance of 186.82 feet to a point: and (2) North 32 degrees 56 minutes 08 seconds West a distance of 148.93 feet to a point on the southern line Ashton Street cul-de-sac at the Place of BEGIN~-/NO. THE ABOVE described lot of land is all of Lot No 27 as shown on said Subdivision for Clarendon ,'md contains an area of 116,154 square feet, more or less. BEING the same premises which Linwood B. Phillips, Jr. and E. Lucille Phillips, his wife, by their deed date March 28, 2002, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book , Page , granted and conveyed to Paul J. Cunningham and Deborah L. Cunningham, mortgagors herein. PA 353834