HomeMy WebLinkAbout94-03712
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CONEs'rnCiA '1'1'1'1.1) INstlltANCB CO,
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TIllS AGIlEEMENl mad!) this 30th day of ,June. 1994. between ,Joseph p, Ford of
Lemoyne. PA ("(},omer"), and Patwil /James of /Jarrisburg, PA, (herl'lnaflet' called
"Cont.t'actor") ,
TIlE IlACKGIlOlJNIJ of 1111 s agreement 15 as fa 11 ows:
A. Ilya written a~reemenl or agreements which have been or are about to be
executed (the "Contract') (Mner and Contractor have contract.ed for the erecl1on.
construction and complel1on of /Jome the "Improvements") to be erected on real
estate described in Exhib1\. "A" attached (the "Property"),
Il, Ily the terms of the Contract. Contractor has covenanted, promised and
agreed that no mechanics' or materialmen's lien or claims would be filed or
maintained 1n t.he Propert.y or any part thereof, or the curtilage or curtilages
appurtenant thereto, e1\.her by himself or anyone else for or on account of any
work, labor pI' materials supplied in the performance of the Contract. or under
any supp 1 ementa 1 contract or for extra work. in the erection, cons truct10n or
complel.1on of the Improvements on the Property or any of the curtllages
appurtenant thereto,
NOW T/JIS AGREEMENT WITNESSElIl:
1, The contractor. for himself and anyone else act1ng or claiming through
or under him, for and in consideration of the Contract and the considerations
mentioned therein, and intending to be legally bound hereby, does hereby waive
and relinquish all right to file a mechanics' 1 ien. claim or notice of intention
to file any lien or claim, and does hereby covenant. promise and agree that no
mechanics' lien or claim or ot.her lien or claim of any kind whatsoever shall be
fi led or maintained against the Improvements or the estate or t1\.le of o....ner in
the property or the curt il age or curti 1 ages appurtenant. thereto. by or in the
name of Contractor or any subcontractor, materialmen or laborers for work done
or materials furnished under the Contract. or by any other party acting through
or under them or any of them for and about the Improvements or the Property or
any part thereof, or on cred1\. thereof, and that all subconl ractors, materialmen,
and laborers on the work shall look to and hold Contractor personally liable for
a 11 subcontracts, materi a 1 s furn 1 shed and work and 1 abor done, so that there
shall nor be any 1rgal or lawful claim of any kind whatever against fMner for any
work done or labor or materials furnished under the Contract for and about the
erection. constructIon and complet.ion of the Improvements, or under any contract
for extra work, or for work supplemental thereto, or ot.herwise,
2, This agreement. waiving the rIght of lien shall be an independent
covenant and shall operate and be effective as well w1\.h respect to work done and
materIals furnished under any supplemental cont.ract for extra work in the
erection, construction and completion of the Improvements as to any work or labor
done and materials furnished under the Cont.r,lCt,
3, In the even!. Contract.or cons i sts of more than one person, fi I'm or
corporation, the undertakings hereunder of each of sllch !Jersons. fIrms or
corporations shalllJe joint. and several. and t.he word "Conlnc .01''' shall mean all
01' some or any of them. For purposes of this Agreement. the singular shall be
deemed to i nc 1ude the p 1ura 1. and the neuter sha 11 be deemed to i nc 1 ude the
masculine and feminine. as the context may require,
IN WITNESS WHEHEOF, the said parties have hereunto set their hands and
seals dated the day and year first above written.
WITNESSES PRESENT:
By: C)_'"), f! tte rr/30!o/ (SEAl)
Josep~~
By:
BY~~~';'d .
ames
( SEAl)
(SEAl)
EXHIBIT "A"
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, Being Lot NR 122 Bowman', IliIl
AIL Ihat certain lot or tract of land situate In the J.QWN.6l:tlf Of UPPJ:R ALUN,
County of Cumberland, Commonweelth of Pennsylvania, known and numbered os Lot
ND 122 on 0 plan for .Bowmens Hili", deted Merch 29th, 1993 and rocorded In Ihe
Office of The Recorder of Deods, In and for Cumberlend County In Subdivision Plan
Book 65 Pago 139, more fully boundod and described os follows, to wit:
BEGINNING at a point on the Eastern side of Bumble Bao Hollow Road at the
Southwest corner of Lot ND 121: thence North seventy-seven 1711 degrees,thlrty-one
(31) mlnules, seventeen (171 seconds East, a dlslance of one hundred Ihlrty and six
one-hundrodths (130,061 to a point being the Southeast corner of Lot ND 121: thence
South nineteen (191 degrees, six (061 mlnutas, two (021 seconds East, 0 distance of
alghty-seven and fifty-four one-hundrodths (B7.641 feet to a point at Iha Northeast
corner of Lot ND 123; thence South 1771 degrees, thlrty.one (31) minutes, seventeen
[171 seconds West, a dlslance of one hundred thlrly-nlne and thlrly-flve one-
hundredths..{ 139.36) feet to a point on the Eastern side of Bumble Bee Hollow Road;
thence North twelve (121 degrees, twenty-eight (2B) minutes, forty-three (43) seconds
West, a distance of eight and zero one-hundredths IBO.OOI feet to the point and place
.
of BEGINNING,
UNDER AND SUBJECT, NEVER77IELESS, to the same condition, restrlotlons,
exceptions and reservations as exist by virtue of prior recorded Instruments, deeds
and conveyances,
IT BEING TilE SAMll PREMISES which Gene W. Hollinger and Dorothy J.
Hollinger, husband and wife, by their deed dated Merch 26, 1993 and recorded In the
Offlca of The Recorder of Deeds In and for Cumberland County, Pennsylvenla In
Record Book E-36, Page B09, grented and conveyed unto Bowman's Hili Associates,
Grantors herein,
IRSSYI