Loading...
HomeMy WebLinkAbout03-1676 Law Offices IRWIN~ McKNIGHT & HU~HE$ 60 ~Vest Pomfret Street, Carlisle, Pennsylvania 17013°3222 THIS AGREEMENT, made and entered into this day of April, 2003 by and between DAVID H. BRANDT AND DIANE M. BRANDT, his wife, of Camp Hill, Pennsylvania, 17011 parties of the first part (hereinafter called Owner), LEE BIXLER D/B/A RESTORATION WOODS, a Pennsylvania Contractor, with its principal offices located at 451 LATIMORE CREEK ROAD, YORK, Pennsylvania, 17372, party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed written construction agreements under seal, both dated , 2003, for construction and improvements to property located at Lot 1 Grantham Road, Upper Allen Township Cumberland County, Pennsylvania as see forth in Deed Book , Page _, and as more particularly described in the attached Exhibit A. NOW THIS AGREEMENT WITNESSETH: That thc 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 the curtilage or curtilages appurtenant thereeo, by Contractor or by any sub-contractor, matedaimen 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, matedalmen, 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 fight 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 compleeion 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-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 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: DAVID H. BRANDT DIANE M. BRANDT "Owner" (SEAL) (SEAL) ATTEST: RESTORATION WOODS "Contractor" (SEAL) 2 Commitment Number: 1265 SCHEDULE C Legal Description ALL that certain tract 'of land in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded ahd described in accordance with a plan prepared by C. C. Johnson & Malhotra, P.C. dated March 1, 2002 and recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 85, Page 91 as follows: BEGINNING at a point in the southern legal right of way of Grantham Road at comer of Lot No. 2 as shown on said plan; thence along Lot No. 2 South 03 degrees 52 minutes 29 seconds East 142.22 feet to a point; thence along lands now or formerly of William A. Replogle North 83 degrees 45 minutes 00 seconds West 150.00 feet to a point; thence along lands now or formerly of Michael and Lynne Cosby North 06 degrees 15 minutes 00 seconds East 140.00 feet to a point; thence along southern dedicated right of way of Grantham Road South 83 degrees 45 minutes 00 seconds East 125.00 feet to a point the place of BEGINNING. Containing 19,250.00 square feet and shown as Lot No. 1 on Plan for Craig D. and Lynda W, Gephart. BEING the same premises which CRAIG D. GEPHART AND LYDIA W. GEPHART, by Special Warranty Deed dated October 1, 2002, and recorded October 15, 2002, in Book 253, Page4924, granted and conveyed unto DAVID H. BRANDT and DIANE M. BRANDT, in fee. STEWART TITLE GUARANTY COMPANY Law Offices 60 West ~omfr et 'Street, Carlisle, Pennsyh~i~ I~-015-$ 2 2 2 THIS AGREEMENT, made and entered into this day of April, 2003 by and between DAVID H. BRANDT AND DIANE M. BRANDT, his wife, of Camp Hill, pennsylvania, 17011 parties of the first part (hereinafter called Owner), AND LEE BIXLER D/B/A RESTORATION WOODS, a Pennsylvania Contractor, with its principal offices located at 451 LATIMORE CREEK ROAD, YORK, pennsylvania, 17372, party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed written construction agreements under seal, both dated , 2003, for construction and improvements to property located at Lot I Grantham Road, Upper Allen Township Cumberland County, Pennsylvania as set forth in Deed Book ~ Page ______--, and as more particularly described in the attached Exhibit A. ntractor for and in consideration of the contract aforesaid NOW THIS AGREEMENT WITNESSETH: That the Co ..... ~,m n,,n~- o him in hand paid by the and the consideration mentioned thereunder, as well as the further consideration ot one t~ t.u,,/ ..... t does hereby covenant, Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, 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, 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 and hold Contractor personally liable for all sub-contracts, materials against Owner for ' of said furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever the erection, construction and completion any work done or labor or materials furnished under said contract for and about or otherwise. buildings as aforesaid, or under any contract for extra work, or work supplemental thereto, 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 .... mark satisfied of record at the cost and expense of the Contractor Pleas as Attorney for him, them or it and mfus, their, ;ts, name, 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 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: DAVID H. BRANDT DIANE M. BRANDT "Owner" (SEAL) _ (SE~L) ATTEST: RESTORATION WOODS By:~ .(SEAL) "Contractor" Commitment Number: t265 SCHEDULE C Legal Description ALL that certain tract 'of land in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded md described in accordance with a plan prepared by C. C. Johnson & Malhotra, P.C. dated March 1, 2002 andrecorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 85, Page 91 as follows: BEGINNING at a point in the southern legal right of way of Grantham Road at comer of Lot No. 2 as shown on said plan; thence along Lot No. 2 South 03 d.egrees 52 minutes 29 seconds East 142.22 feet to a point; thence along lands now or formerly of William A. Replogle North 83 degrees 45 minutes 00 seconds West 150.00 feet to a point; thence along lands now or formerly of Michael and Lynne Cosby North 06 degrees 15 minutes 00 seconds East 140.00 feet to a point; thence along southern dedicated right of way of Grantham Road South 83 degrees 45 minutes 00 seconds East 125.00 feet to a point the place of BEGINNING. Containing 19,250.00 square feet and shown as Lot No. 1 on Plan for Craig D. and Lynda W, Gephart. BEING the same premises which CRAIG D. GEPHART AND LYDIA W. GEPHART, by Special Warranty Deed dated October 1, 2002, and recorded October 15, 2002, in Book 253, Page 4924, granted and conveyed unto DAVID H. BRANDT and DIANE M. BRANDT, in fee. STEWART TITLE (~UARANTY COMPANY