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HomeMy WebLinkAbout02-1574 Law Off wes IRWIN. McKNIGHT & HUGHES 60 P/est Potnfret Street, Carlisle, Pennsylvania 17013-3222 THIS AGREEMENT, made and concluded this ~/~vv, day of March, 2002 between BRIAN A. YINGLING AND TIFFANY A. YINGLING, HIS WIFE of 705 Olsen Drive, Carlisle, Pennsylvania, 17013, parties of the first part (hereinafter called Owner), S & A CUSTOM BUILT HOMES, INC., with its principal offices located at 1060 Trindle Road, Carlisle, Cumberland County, Pennsylvania, 17013, party of the second part (hereinat:~er called Contractor). WHEREAS, the said parties have by a duly executed agreement under seal, dated ~ ~ , 2002, entered into a written contract for the erection, construction and completion ora single family dwelling located at Lot 2 North Mountain Road, Upper Frankfur Township, Cumberland County, Pennsylvania as set forth in Deed Book ~,~0, Page ?~t0/'~]. and as more particular described in the attached Exhibit A. 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 wherenf 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, 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 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 conWact for exUa 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 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 himseif, themselves, itself, do hereby remise, release and quit- claim all rights and all manner of errors, defects and imperfections whatsoever in entexing 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: S & A CUSTOM BUILT HOMES, INC. (SEAL) Contractor schedule C Description Number PA 353834 EXHIBIT A ALL THAT CERTAIN tract of land situate in Upper Frankford Township, Cumberland County, Pennsylvania bounded and described in accordance with a F nal Land Development Plan for John D. Herbert, III, prepared by Eric L. Diffenbaugh, P.LS., dated December 28, 2001, revised January 4, 2002, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 84, page 142, the same being incorporated herein by reference, as follows: BEGINNING at a point in the centerline of 33 feet wide Township Road T-423 (known as Mountain Road) at the northeast corner of land now or formerly of John D Herbert, III and Claire T. Herbert, South 42 degrees 09 minutes 25 seconds East, 733.29 feet to a point in centerline of said road; thence along the centerline of said road, South 42 degrees 25 minutes 01 second East, 27.39 feet to a railroad spike set; thence along land now or formerly of David Baker South 67 degrees 52 minutes 21 seconds West, 961.63 feet to an existing iron pin set; thence along land now or formerly of George E. Jumper, South 64 degrees 59 minutes 15 seconds West, 421.00 feet to a point; thence along land now or formerly of George A. Jumper, North 39 degrees 40 minutes 22 seconds West, 252.85 feet to an existing iron pin set; thence along land now or formerly of William A. Yinger, North 40 degrees 13 minutes 11 seconds West, 268.80 feet to a point; thence along land now or formerly of John D. Herbert, III and Claire T. Herbert the following two (2) courses and distances; (1) North 63 degrees 04 minutes 40 seconds East, 814.57 feet to a point; and (2) North 47 degrees 50 minutes 35 seconds East, 499.64 feet to a point, the Point and Place of BEGINNING. THE ABOVE described tract of land is all of the 17.7 acres, more or less, as shown on said Final Land Development Plan for John D. Herbert, Ill, as recorded as aforesaid. SO MUCH of the above described tract as lies within 25 feet of the original center line of 33 feet wide Township Road %423 known as Mountain Road has been dedicated as a portion of the right of way of said Mountain Road as shown on said Final Land Development Plan of John D. Herbert, III recorded aforesaid. BEING the same premises which John D. Herbert, III and Claire T. Herbert, his wife, by their deed dated March 15, 2002, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in in Deed Book 250, Page 4071, granted and conveyed to Brian A. Yingling and Tiffany A. Yingling, mortgagors herein.