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SALZMANN, HUGHES & FISHMAN
95 Alexander Spring Road, Ss~te 3, Carlisle. Pennsylvania 17013-3222
d t ' o 's It. ,
THIS AGREEMENT, made an en ered lnt thl It> day of October, 2003 b5 end between
FREDERICK A. H~LMUTH AND JOANNE W. HELMUTH, adult indiviual*, of 3 ,lane Lane, Carlisle, PA
17013 parties of the first part (hereinafter called Owner),
AND
S&A CUSTOM BUILT HOMES, INC., with its principal offices located at 501 Rolling Ridge Drive, Ste 200,
State College, PA, party of the second par~ (hereinafter called Contractor).
WHEREAS, the said parties have by a duly executed written construction agreements under seal, both dated August,
2003, for construction and improvements to property located at 23 Coventrs' Drive, Carlisle, South Middleton Township,
Cumberland County, Pennsylvania as set forth in Deed Book , Page , and as more particularly described in
the attached Exhibit A.
NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract
aforesaid end the consideration mentioned thereunder, as well as the further consideration of One ($1100 ) Dollar to him in hand
paid by the Owner at or before the sealing end delivery of these Fresents, the receipt whereof is hereby acknowledged, does
hereby covenant, pronfise end agree that no mechanics' lien or claim or other lien or claim ofeny 'kind whatsoever shall be filed
or maintained against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Comxactor or by eny
sub-contractor, materialmen or laborers for work done or materials famished under said contract or by eny 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, end that
all sub-contractors, materialmen, and laborers on said work shall look to end hold Contractor personally liable for all sub-
contracts, materials thmished end work end labor done, so that there shall not be eny legal or lawful claim of eny kind
whatever against Owner for eny work done or labor or materials furnished under said contract for end about the erection,
construction and completion of said buildings as aforesaid, or under an), 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 end materials furnished under an5, supplemental contract for extra work in the erection,
constraction end 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 end the lot or lots of gronnd against eny
end 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 end empowers eny Attorney of any Court of
Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or eny of them, in eny 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 end expense of
the Contractor or of any Sub-Contxactor 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 hereto contained to warrant such actior~ and the Contractor for himself, themselves, itself, do hereby manse, release
and qmt-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.
1~ WITNESS WltEREOF, the said parties have hereunto set their hands and seals dated the day and year first
above x~ritten.
WITNESSES PRESENT:
FREDERICK ~ HELMUTH
jO t~t~ ~/', ,~f,-~-.~ (SEAL)
ANNE W. HELMUTH
By: '~'Cont~f''~-/tOr' ~'-------- (SEAL)
2
File No. P134-343
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situated in the South Middleton Township, Cumberland County,
Pennsylvania being Lot No. 80; as shown on a Final Subdivision Plan, Forgedale Crossing - Section
Number 3, dated September 15, 2000, prepared by John K. Bixler, III, R.S., of Carlisle,
Pennsylvania, in Plan Book 85, Page 92, being bounded and described as follows:
BEGINNING at a point, said point being located on the southern dedicated right of way line of
Coventry Drive and located at the common property corner between Lot Number 80 and Lot Number
81 as depicted on the aforementioned final subdivision plan; thence along Lot Number 81, South 03
degrees 17 minutes 08 seconds East, a distance of 150.00 feet to a point located on the section line
between Forgedale Crossing, Section Number 3 and Lot Number 82, (lands of Forgedale
Associates); thence along said section line and Lot Number 82, South 86 degrees 42 minutes 52
seconds West, a distance of 100.00 feet to a point located a the common property corner between
Lot Number 80 and Lot Number 79, North 03 degrees 17 minutes 08 seconds West, a distance of
150.00 feet to a point located on the southern dedicated right of way line of Coventry Drive; thence
along the southern dedicated right of way line of Coventry Drive, North 86 degrees 42 minutes 52
seconds East, a distance of 100.00 feet to the point of BEGINNING.
CONTAINING 15000.000 square feet
Lot Number 80 is subject to a 10 foot wide storm drainage easement along the southern property line
of said lot as depicted on the aforementioned final subdivision plan.
Lot Number 80 is subject to a 15 foot wide storm drainage easement along the western property line
of said lot as depicted on the aforementioned final subdivision plan.
BEING known and numbered as 23 Coventry, Carlisle, Pennsylvania 17013
SUBJECT to Declaration of Restrictions and Protective Covenants for Forgedale Crossing as set
forth in Misc. Book 424, Page 252, as well as First Supplemental Declaration of Restrictions and
Protective Covenants, Forgedale Crossing Final Subdivision Plan for No. 3 as recorded in Misc.
Book 696, Page 1.
BEING part of the same premises which John E. Anderson and Pauline E. Anderson, husband and
wife and Robert A. Thomas and Deborah J. Thomas, husband and wife, by Deed dated July 10, 2003
and recorded July 15, 2003 in the Office of the Recorder of Deeds in and for Cumberland County in
Deed Book 252, Page 3382, conveyed unto S & A Custom Built Homes, Inc. grantor herein.
Pa 3