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HomeMy WebLinkAbout02-1276 Law Offices IRWIN~ MeKNIGHT & HU~HE$ ~0 West Pomfret Street, Carlisle, Pennsylvania 17013-3222 THIS AGREEMENT, made and concluded this I t~/'~' day of March, 2002, by and between John D. Brenner, Jr. and Tara L. Brenner, his wife, of Carlisle, Pennsylvania, party of the first part (hereinafter called Owner), Yanek Custom Homes, Inc. of 8 S Ridge Road, Boiling Springs, Pennsylvania, party of the second part (hereinafter called Contractor). W3IEREAS, the said parties have by a duly executed agreement under seal, dated ~[~t'b,~l~ 19, 2002 entered into a written contract for the construction and completion of a residential dwelling at Lot No. 2, Green Hill, Plan Book 55, Page 17, Dickinson Township, Cumberland County, Pennsylvania as conveyed to Owner in Deed Book 200, Page 187. 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 the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, material men 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, material men, 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 itself and the lot or lots of ground against any and all clahns filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said ContracWr 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 h/m, 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 Material man, 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 theft 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 ConWactor 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 written. ~-"WITNESSETH: John D. Brenner, Jr. fOwner Tara L~Brenner Owner (SEAL) Yanek Custom Homes, Inc. Stev~ J~ane~'~r. ' Contractor s c h e d u I e C D esLc;inplion Number ALI. TI IAT CERTAIN piccc or parcel of unimproved grot, nd situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with the Final Subdivision Plan of Green Hill as recorded in Plan Book 55, Page 17, as follows: BEGINNING at a point in the northern right-of-way line of Minich Drive at the sombeastem corner of Lot No. 34 on the aforesaid Final Subdivision Plan; thence along said Lot No. 34, North 24 degrees 21 minutes 38 seconds West, 361.96 Feet to a point at the northwestern comer of'said Lot No. 34 and the southern line of Lot No. 33 on the aforesaid Final Subdivision Plan; thence along said Lot No. 33, North 51 degrees 50 minutes 22 seconds East, 265.64 Feet to a point at the common corners of Lots Nos. 33, 39 and 40 on the aforesaid Final Subdivision Plan; thence along said Lot No. 40, South 46 degrees 45 minutes 53 seconds East, 150.00 feet to a point at dm common corner of Lots Nos. 3, 40 and 41 on the aforesaid Final Subdivision Plan; thence along said Lot No. 3, South 27 degrees 04 mim~tes 46 seconds West, 21 I. 19 I'ect to a polar; thence continuing along said Lot No. 3, South 24 degrees 21 minutes 38 seconds East, 155.00 feet to a point in thc northern right-of-way linc oFsaid Minich Drive; thence along said northern right-of-way line of Minich Drive, South 65 degrees 38 minutes 22 seconds West, 150.00 Feet to a point i'n the said northern right-o!Mvay linc of' M inich Drive, the I'lace oI'BEGINNING. CONTAINING 85,432.43 square feet and being all of Lot No. 2 on thc afo,'esaid Final Subdivision Plan. SUBJECT to thc building and use restrictions recorded xvith the aforesaid Final Snbdivision I'lan and as modified and supplemented in Miscellaneous Record Book 349, Page 889, and to the building setback lines as set Forth on the ulbresaid Final Subdivision Plan. BEING the same premises which Nelson L. Minich, married person, by his deed dated May 25, 1999, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 200, Page 187, granted and conveyed to John D. Brenner, Jr., and Tara L. Brenner, mortgagors herein. PA 353834 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TODD A. GOSS, Plaintiffs, KEYSTONE AUTO EXCHANGE SALES, INC. t/dlb/a AUTO-MAX Of MECHANICSBURG, Defendant : NO. 02-176~5 Civil Term .. .' .. : CIVIL ACTION - LAW : JURY TRIAl. DEMANDED PRAECIPE TO MARK ACTION SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY Kindly mark Plaintiff's suit against Defendant "settled, discontinued and ended with prejudice." Dated= Stephgn ~. Portko, EsqUire BRATIC & PORTKO 101 South U.S. Route 15 Dillsburg, PA 17019 Attorneys for Plaintiff