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HomeMy WebLinkAbout02-1799 Law Offices IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street, Carlisle, Pennsylvania 17013-3222 THIS AGREEMENT, made and concluded this 9TH day of April, 2002 between JEFFREY J. MYERS AND D. VANESSA MYERS, HIS WIFE, of 144 Big Spring Terrace, Newville, Pennsylvania, 17241, parties of the first part (hereinafter called Owner), AND ROBERT COLDSM1TH, GENERAL CONTRACTOR, with its principal offices located at 137 Pine Tree Drive, Newville, Cumberland County, Pennsylvania, 17241, party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed agreement under seal, dated ~'~.~O ~k0.~t~ , 2002, entered ~nto a written contract for the erection, construction and completion of a single family dwelling located'at Lot 27 Scenic View Subdivision, 2 Scenic Lane, Ncwville, Lower Mifflin Township, Cumberland County, Pennsylvania as set forth in Deed Book , Page ___, 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 ($1.00) 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 thc curtilage or curtilages appurtenant thereto, by Contractor or by any sub- contractor, materialmen 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, rnaterialmen, and laborers on said work shall look to and hold Contractor personally liable for all 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, 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 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-Conm~or 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 fights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in any- wise touching or concerning the same. IN WITNESS WI~EREOF, the said parties have hereunto set their hands and seals dated the day and year first above written. WITNESSES PRESENT: D. VAN'ESSA MYERS, O~ner ROBERT COLDSMITH schedule C La.nd. Descmphon Number ALL the folto~ing ~'act of land ly~g, being, and situated in Lower Mifflin To~:nsbJp, Cumberland County, Pennsytvan/a, bounded and limited as follows, to wit: BEGEN,WING at. a coramon property comer of Let ¢25 and Lot #27 as sho~u on the ?reliminarY,,rFinal Subdivision ?lan of Scenic View; thence ~om said point of be~v~uing along a portion of a 50 foot private access tbr Lots #25 and #27 and along Lot #26 South 21 de~rees 30 minutes 00 seconds East, a distance of 182.35 feet to a point at a common property comer of Lot #27 and lands now er late of Rodney Hill; thence along lands new or late of Rodney Hill South 68 degrees 30 mLuutes 00 seconds West, a distance of 541.09 feet to a common property comer of lands now or late of Rod.ney Hill, Lot #27 and Lot #18; thence along a portion of Lot # 18 Nora 30 degrees 45 mL,~utes 02 seconds West, a distance of 175.00 feet to a point at a co.a-non property comer of Lot #27, Lot #18 and Lot #19; thence along Lot #19 and Lot #25 North 67 de~ees 31 mi=utes 53 seconds East, a dista,-:ce of 569.31 feet to a point at a common prope,.,-ty comer of Lot #27 v. ud Lot #25, said point being the place of beginning. SAID lot contains 98,628.58 square feet or 2.2fi42 acres. There is a 50' private access for Let av, d Lot #27. BEING identified as Lot #27 as shown on a plan of lots prepared for R~aland, Inc. by Hoover EngL'~eering Se,~'ices, Inc., dated M~:ch 30, 2000 and recorded July 25, 2000 in the office of :he Recorder of Deeds in and for Cumberland County, pennsylvania in Plan Book 81 at Page 93. BEII~G the same premises which Jeffrey J. Myers and Dawn V. Myers, his wife, by their deed date April 9, 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 Jeffrey J. Myers and D. Vanessa Myers, mortgagors herein.