HomeMy WebLinkAbout02-3156 Law OJ~ces
IR~'~V. McKN!~HT & HU~,M~..~
~0 ~/~ Pomfeet ~ Cadls!e, Pennsylmnla 17013-3222
THIS AGREEMENT, made and concluded this day of June, 2002 between
P. SAMUEL O'BRIEN AND IVA L. O'BRIEN, of 3S Mount Rock Road, Newvill~ Pennsylvania, 17241, parties
of the first part (hereinal~er called Owner),
AND
S&A CUSTOM BUILT HOMES, INC., CONTRACTOR, with its principal offices located at Trindin Road,
Carlisle, Cumberland County, Pennsylvania, 17013, paroy of the second part (he~iant~er called Contractor).
WHEREAS, the said partiez have by a duly executed agreement under seal, dated May 22, 2002, mtered into a
written contract for the erection, construction and completion of a single family dwelling located at 29 Sussex Drive,
Carlisle, Borough of Carlisle, Cumberland County, Pennsylvania as set forth in Deed Book Page ~ and as more
particular described in the attached Exhibit A. '
NOW THIS AGREEMENT WITNESSETH: That the Contractor for end in ennsidaratinn of the contrect aforesaid
and the ennsideratioo mentioned thereunder, es well es thc further consideration of One ($1.00) Dollar to him in hand paid by the
Owner at or before the senhng end dchvery of these presents, the receipt whereof is heraby acknowledged, does hereby covenent,
promise end 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 cur~ilages 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 end about smd butiding or buddings or any part thereof, or on credit thereof, end that all sob-contractors,
materlalmen, and laborers on said work shall look to and hold Contractor personally liable for all sob-contracts, materials
furnished end work end labor done, so that there shall not be any legal or lawful claim of' any kind what~,er against Owner for
any work done or labor or materials furnished undar said contract for and about the erection, ennst~uctioo end completion of said
buildings as aforesaid, or under any contract for extra work, or work supplementai thereto, or otherwise.
AND this Ag~enment waiving the right of lien shall be an independent covenant end shall operate and be effective as
well with respect to work done end materials furnished under any supplemental contract for exffa work in the erection.
construction and completion of said building or buildings as to any work and labor done and materials furnished under the
conUact aforesaid.
AND, in order to give the Owner full power and authority to protect himself end 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, the~nselves, itself, hereby irrevocably authorizes end 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 end expense of the Contractor
or of any Sub-Con~.tor or Mat~ialmen, or Material men, any and all claims or cialm, lien or liens, filed by or for the
Conm~ctor, or any Sub-Conm~tor or Material man, or in his or their name against said building or buildings, lot or lots of
ground or any pa~ thercof and for such ac~ or acts this shall be good and sufficient wma~ant and authority, and a reference to the
Court, Term and Number in which and whe~ this Agreement shall have been filed shall be a suffieie~t exhibit of the Authority
herein contained to warrant such action, and the Con~ctor for himself, themselves, itself, do hereby remise, release and quit-
claim all rights and all manner of errors, defects and imperfections whatsoever in antering such satisfaction or in any- wise
touching or concerning the same.
written. IN WITNESS WHEREOF, the said par~ies have he,unto set their hands and seals dated the day and year first above
WITNESSES PRESENT:
(SEAL)
P. SAMUEL O'BRIEN, OWNER
(SEAL)
IVA L. O'BRIEN, OWNER
&A CUSTOM i~T HOMES, INC., Cun~'~ctor
/
2
Ju~.24. 2002 I:I3PM No,2963 P, 7/15
EXHIRIT "A"
ALL THAT CERTAIN tract of land situated in the Boroul
County, PA, being Lot No. 26, as shown on (h'~yston
Residential Development, Final Subdivision Plan, Phase I, ,~
1997, by PennTerra Engineering, Inc., State College, PA,
being bounded and described az follows:
BEGINNING at an iron pin, being a westerly comer of I
h of Carlisle, Cumberland
Manor, a Single-Fanuly
;ction 1, dated January 21,
Plan Book 76, Page 90,
'et No. 25, and lying in a
northerly right of way line of Sussex Drive (50 foot right ely ay); thence along said fight
of way, along a curve to the left, having a chord bearing of North 81 degrees 17 minutes
13 seconds West, a chord distance of 55.49 feet, a radius of 515.00 feet and an mc
distance of 55.51 feet to an iron pin, lying along said fight of way and being a southerly
comer of Lot No. 27; thence along said Lot, North 06 degrees 07 minutes 39 seconds
Bast, 181.07 feet to an iron pin, being a northerly comer of said Lot and lying in a
southerly line of Lot No. 133; thence along said Lot, North 71 degrees 33 minutes 15
seconds East, 29.75 feet to an iron pin, lying along said Lot and being a westerly comer
of Lo! No. 23; thence along said Lot, South 54 degrees 20 minutes 22 seconds Eazt, 50.40
feet to an iron pin, lying in a southerly line of said Lot and being a northerly comer of Lot
No. 24; thence along said Lot, South 11 dagreos 17 minutes 56 seconds West, 171.81 feet
to an iron pin, being the place of Begioning.
CONTAINING 0.270 acre.
BBINO THE SAME PREMISES which S & A Cust
Pennsylvania Corporation, by Deed dated and
pRecorder of Deeds in and for Cumberland County, Pennsvlvi
ag, e v. ' granted and conveyed unto P. Samuei O'Brie~
aha Wile.
m Built Homes, Inc,, a
,rded in the Office of the
~ia, in Record Book ,
d Ira L. O'Brien, husband