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HomeMy WebLinkAbout02-1798 Law Offices IR FFI. N. Mc]gNIGHT & 60 fi/est Pomfret Street, Carlisle, Pennsylvania 17013-$222 THIS AGREEMENT, made and concluded this [~ day of April, 2002 between KEITH A. STAMY AND SONIA J. STAMY, HIS WIFE of 15 North Middlesex Road, Carlisle, Pennsylvania, 17013, parties of the first part (bereinai~er called Owner), SIGMAN'S HOME SALES with its principal offices located at 50 Bounybrook Road, Carlisle, Cumberland County, Pennsylvania, 17013, party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed agreement under seal, dated ~1~ o~, 200~, entared into a written contract for the erection, construction and completion of a single family dwelling located at Lot 1 Wertzville Road, Carlisle, Lower Frankford Township, Cumberland County, Pennsylvania as set forth in Deed Book 215, Page 559, and as more particular described in the attached Exhibit A. NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration of One ($I.00) Dollar to him in hand paid by the Owner at or before the sealing 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 curtilages appurtenant thereto, by Contractor or by any sub-contractor, materiaimen 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 ail sub-contracts, 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, constmetion 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 fight of lien shall be an independent covenant and shail operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, constmetion and completion of said building or buildings as to any work and labor done and materiais 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 of the 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-Contractor 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 reference 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 imperfeotions whatsoever in entering such satisfaction or in any- wise touching or concerning the same. IN WITNESS VqHEREOF, thc said parties have hereunto set their hands and seals dated the day and year first above written. KEITH A. STAMY, Owner (SEAL) (SEAL) SIGMAN'S HOME SALES - / Contractor L nd D,escriplion ,4£L that certain ~'act of fred sinmte in Lm;er F~:mkf',vd Township: Cumber]and Col. in~?, Peno.~yb,'ania, b,~uded and descr~Ee,2 in accord:nee whh a ?I~ pre,anted 'ny Eugene A~bc~ [h,ckensmith. R.P.LS.. da~ed Ocreb[:r the Of Ece of :1:¢ Rezorder of [3¢eds for Cumberland County m Plan Beck 59, Page BI:"GLMYLYG at an existing buried railroad spike in centerline ofLR. 2 ICO I. Pa Route 944 at con:er of lan& no,.,' er fo~i'ly of Philip Ee~lanca: ther~ce nl,;ng centerline of L. R. 2 ;COL Pa Route 944 by a c'ac.e to the mg~t ba','ir~z a radius of 5:;5 feet and an ara dist~ce cf25.!: Fact on a chord bearing cf Nomh 53 degrees 34 mintaes 20 secon[is East; thence still ah'm: centeHine of L.R. 2100~, Pa. Rout: 944 m; a curve to tl~e nghr having a radms of 58ZO0 feet and an arc length of 206.30 feet o[~ a cfc, rd bearing of Noah 64 degrees 54 mmntes 28 seconds Ezmt to a raiiroad spike; thence abm= kmds now or ~b~merlv 0f E~han T. M~ller, Sr. South 42 degrees 00 minutes 35 sezcnds East 324.34 t~et to aa existing squar,~ i~cn pipe: thenc~ still a~caa lands new er {bnner v ot'E ]l~q T ~lH!er ~ o~h 71 dc.-~o=5 >~ m nu~s < l se~ =.,.. o '~ ,~ , · '- , . . , - .' · . -' e ................ .~ ~.,at ,.. ,.o. ~e~ a} aa exzstmg square i~:n pipe: rnun~aa~onglaadsnaworru~ervc Emer';or D BoerS>uthX;dee~e...;IZmn ,~'~on. r ~,-,,- . gm: :llence along Lot No. 2 or; said p!m South 69 degrees 45 minutes 19 seconds West 31 &.Yti tket to an iron pin set: [hznce sd]l along Lot No. 2. Noah 43 de~mes O0 minutes West 225.00 feet to an inn pin set: thence along a cur,'e to the ~ht has ina a radius of 50.00 tko: a~d an arc distance of 7&54 t~:t ena ¢hor2 bearing of South 02 degrees 00 minmes West to~n iron ~::: thence crossing ores a private figh~ of ~ay So,nth 47 degrees 00 minutes W.:st 50.00 t~et to a point in existing private road: ~hence along no.he.mm edge ofpri,,ate road Noah 43 degrees C0 mmutes West 474.89 t~et to an existing buried railroad spike Ihe Place of BEGL~;¥Z.~'G. CONTAI.¥1?'/G.I.2027 acres and designated as Lot No. l on said Fl:m for Jolm A. Cunnlngharn, et ux. £ELYG pm't ct' th: same pr??e:yy which Hem,,ikc:~ F.um; Associates, A Partnership, granted and c{m'~eved tt~ Join A. Cunningham and PatAcia A. Cu::mngham. his wife. Grantors herein, by deed dated April 26, i9~5 and recorded i~, the Office of the Recorder of Deeds fi.'.r Cumberland County in Deed Bock "N", Volume 3 I, Page 1. SUB.I£CT TO an etksement !hr in.ess, egress and res'tess over a portion of Lot No. I on the aforesaid Subdivision Plan, being that portion of Lot No. I designated on said Plan as a part of the 50 feet wide private fight of way for the benefit of Lot Nos. l, 2. and 3, more panicuku'l? bounded and described as t'c, llov, s: BEGLM¥ING at a point in the cenreriine of Pa Route 9a4. L.R. 2 I001, which pant is tile northwest corner ef Lot i as si:own on the utbresaid subdivision plan: thence a!,;ng the centerline of Pa P. oute 944. L.R. 21O0i. by a curve to the having u md;us of 5,2.5.0t) t~et and a chord bearing of North 53 deer.;es 34 ur;autos 20 seconds East au m'c [Jistance of 25.17 to a point; thence along and through Lot No. I as shown on the aforesaid subdivision plan the follo;,,in,.z, courses and distances: (l) South 43 degrees cio minutes O0 seconds East a distance of 372A2 feet to an iron pm set: 1,2) by a c~r,.e to the !et': harms a radius of 25.00 feet and a chord bearing of Snuff $3 degrees 00 minutes Ob seconds East an arc distance of 3'-).27 Feet to an iron pin set: (3) by a cm~,'e to the right ha,,ing a radius of 50.00 feet and a chord bearing of South 8g de~:reds O0 ~ninutes O0 seconds East an arc. distance of 78.54 feet to an iron pin set; (1.) by a cup.'e to the right hay;ag a radius of 50~00 fuet and a chord bearimz of South 02 degrees 00 minutes 00 seconds West aa arc distimca of 78.54 feet to an iron pin set; (55 South 47 degrees O0 m (;0 seconds West a distance of 50.00 feet to an iron pin set in line of lands now or formerN of Ph/Iip J. Be!lance, or ux; theuce along said lands now or formerly or'Philip J. BeHanca, et ux, North 43 degrees O0 minutes (50 seconds West a d/stance feet to a point in the center!;ne of PA Route 944. L.R. 21001, which pont is the Place TOGEFttER Fi,;RTtZER l~"lrlI an easement for ingress, egress and regn'esa over a pocrion of lands aox,, of Pllilip J. Bellanca, et ux, being that portion et' kmds now or [brmeriy of Philip J. Bdlanca, et ux, dcsignmed on said Phm as part oi" the 50 Foot wide private fight of way, SUBJECT. IfOIt/EVER. to the dut'/to participate irt the maintenance of the above dcs,~ribcd right of way. which duty shall be sbm'ed equally by all persons enjoying the tight to use the right of way. BEING the same premises which Keith A. Stamy, individual, by his deed dated April 10, 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 Keith A. Stamy and Sonia J. Stamy, mortgagors herein.