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HomeMy WebLinkAbout02-2392 Law O~fwes IR WIN, McKNIGHT & HUGHES 60 West Porn fret Street, Carlisle, Pennsylvania 17013-3222 THIS AGREEMENT, made and concluded this day of May, 2002 between TOMMY A. SHIRD AND DONNIE L. SHIRD, of 702 Apt. 1, Stanwix Circle, Carlisle, Pennsylvania, 17013, parties of the first part (bereinaf~er called Owner), AND HAUBERT HOMF~,INC., CONTRACTOR, with its principal offices located at 15 Central Blvd. Camp Hill, Cumberland County, Pennsylvania, 17011, party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed agreement under seal, dated March 6, 2002, entered into a written contract for the erection, construction and completion of a single family dwelling located at Lot 29, Pine Tree Drive, Carlisle, Cooke 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 fur end 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 the curtilage or eurtilages 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, materialmen, and laborers on said work shall look to end 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 end 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 respact 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 Cuntractor 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 ail 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 ~ferenee to the Court, T~.a 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 WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above WITNESSES pRESENT: TOMMYO~A. S IRD, OWNER ' DONNIE L. SHIRD, OWNER HAUBERT HOMES, INC., Contractor (SEAL) LOT 112. ~ NETGHTS OF BEAC. ON HH,TJ LEGAL DESCB..roTION ALL TH.AT CERTAIN piece or parcel of land situated in Lower Allen Township, Ctunberland County, Penn~lva~, more particularly .bounded and described as follows: BEGINNING at a point located on the eastern right-of-way line of Lowell Lane, twenty-five feet (25') from the centerline of the same, being the northwestern corner of Lot No. 113. THENCE along said right:of-way, along a curve to the left having a radius of one hundred seventy-five and zero hundredths feet, on arc length of sixty _,nd zero hlmdredths feet, following a chord bearing of North forty-six degrees forty-one minutes seven seconds West, a distance of fifty-.iue and seventy-one h, mdredths feet (R--175.00~, A=60.00', N 46° 41' 07" W - 59.719 to a point atthe southeastern corner of Lot No. 111. TI-rF~NCE leaving said fight-of-way and along Lot No. 111, North thirty-three degrees twenty-,,i~e minutes thirty-four seconds East, a distance of one hundred eighty-seven and si~ty--~ hundredths fe~t '(N 33° 29' 34" E - 187.66') to a point on lands now or formerly of Harry and Suzy THENCE along said lands of Grossman, South nineteen degrees twenty-eight ' minutes forty-six seconds East, a distance of one hundred twenty-seven ~n d seventy- ~ix hundredths feet (S 19° 28' 46" E - 127.76') to a point on the northeastern corner of Lot No. 113. THENCE along Lot No. 113, South fugj-three degrees eight minutes thirteen seconds West, a distance of one hundred t~-enty-eight and ~.hlrty--ine hundredths feet (S 53 ° 08' 13"W - 128.39') to a point on eastern right-of-way line of Lowell Lane, being the point and place of BEGINNING. CONTAINING 13,2~-4.98 square feet or 0.$0~ acres. BEING commonly known as 1640 Lowell Lane. BEING the same premises which BHH Partners, a Pennsylvania general partnership, by'their deed date May 9, 2002, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, ~n Deed Book__, Page , granted and conveyed to Tommy A. Shird and Donnie L. Shird, mortgagors herein.