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HomeMy WebLinkAbout02-3084 THIS AGREEMENT Made and concluded this 20 th day of Robert L. Sunday and Darlene C. Sunday between Application No. June A.D 2002 . of AND Susquehanna Custom Builder , Party of the first part (hereinafter called Owner), party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date herewith, entered into a written contract for the erection and comple~an of addition to existing structure to be erected on 87 Appalachian Drive Middlesex Township, Cumberland County Carlisle, PA 17013 Tax Parcel #21-08-0571-013 in which Agreement the Contractor convenanted, promised and agreed that no mechanics' ClAimS or liens should be entered and filed against the said building or buildings or any part thereof, or the curtilage or curtllagee appurtenant NOW THIS AGREEMElgT WrrNESSETH: That Contractor for and m conmderation of the awarding to h,m by Owner of said contract as aforesaid, as well as the further conaideration of One ($1.00) Dollar to hlm paid at or before the ensealing and delivery oftheee presents, the receipt whereof m hereby acknowledged, does hereby.covenant, pronnse and agree that no meoh~nles' lien or claim or other lien or claim of any kind whatsoever shall be filed against the said building or buildings or the curtilage or cartilages appurtenant thereto, by Contractor or by any sub-contractor, materialmen or laborers for work dons or materials furnished under said contract for and about said:building or buildings or any part thereof, or on creditthereof, and that all sub~oentractore, materialmen, and laborers on said work shall look to and hold Contractor personally liable for ail sub-contracts, materials furnished and work and labor done, so that there shall not be any legal or lawhtl c]Aim 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 contracts for extra work, or for work supplemental thereto, or otherwise AND, in order to give the Owner full power and authority to protect h~mself and the lot or lots of ground against any and all c! nlms filed by the Cantractor or anyone acting under or through hlm or it in violation of the foregoing covenant, the said Contractor for blm,elf, themcelvce,.itself, hereby irrevoeably authorizes and empowers any Attorney of any Court of Common Pleas of the comm en wealth of Pennsylvania, te appear for him, them' it' er any °f them'in eny ef the said Oourte of Oommon Pleas as Attorney for him; them or it andin hie, their, its, name, mark eatiefied of record at the cost and expense of the Contractor or of any Sub-Contractor or Materialman, or Materiahnen, any.and:ali claims or claim lien or liens,ffled by or for the Contractor, or any Sub-Contractor or Materialman, orinhls °r thebname against said building or buildings, lot or lots of greund 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 und Nlimber in which and where this Agreement shall have been filed shall be a suffcient 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 monner of errors, defects and imperfections whatsoever m entering such satisfaction or m anyvase 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. WITNESS PRESENT: .~/~/ David Kern, Susquehanna Custom Builder "LEGAL DESCRIPTION" ALL THAT CERTAIN lot of ground situated in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western dedicated right of way line of Township Road T-573, at corner of lands of E. L. Sunday; thence by said right of way line of Township Road T-573, by a curve to the right having a radius of 525.22 feet, the arc distance of 172.27 feet to a point in the center of a stone row at land of E. L. Sunday; thence by same through the center of a stone row, South 47 degrees 28 minutes 52 seconds West 208.14 feet to a point in the center of a stone row at land of Bert Woodward; thence by same through the center of a stone row North 32 degrees 00 minutes 3 seconds West 331.73 feet to a point at land of E. L. Sunday; thence by same North 84 degrees 56 minutes 40 seconds East 344.00 feet to a point on the western dedicated right of way line of Township Road T-573, the place of Beginning. CONTAINING 1.45 acre. Described according to a Subdivision Plan dated November 19, 1974, by Larry V. Neidlinger, P.E., which Plan is recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book No. 27, Page 4. BEING THE SAME PREMISES which Lee R. Sunday and Nellie M. Sunday, his wife, by deed dated July 30, 1975 and recorded October 14, 1975 in the Cumberland County Office of the Recorder of Deeds in Deed Book H-26, Page 138 granted and conveyed to Robert L. Sunday and Darlene C. Sunday, his wife.