HomeMy WebLinkAbout02-3198 IRWIN. McKNIGHT & H~GgIF..~
60 West Pomfret Street, Carlisle, Pennsylvania 17013-3222
THIS AGREEMENT, made and concluded this day of July, 2002 between
LOUIS S. BISCUIT AND KATHY M. BISCUIT, of 118 Springfield Road, Newville, Pennsylvania, 17241, parties
of thc first part (hereinafter called Owner),
AND
S & A CUSTOM BUILT HOMES, INC., CONTRACTOR, with its principal offices locatad at 1060 Trindle Road,
Carlisle, PA 17013, party of the second part (hereinafter called Contractor).
WHEREAS, the said parties have by a duly execotad agreement under seal, deted~fir t~ ~ , 2002, entered into a
written comract for the erection, construction and completion of a single family dwailin~ loc~ad at Lot #16 Fish Hatche~'
Road, Newville, North Newton, 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 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 wheranf is hereby acknowledged, does hereby covenant,
promise and agree that no mechanics' lien or claim or other liea or claim of any kind whatsoever shall be filad or maintained
against the said building or buildings or the curtilage or eurtitages appurtenant thereto, by Contractor or by any sub-contractor,
materialman 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 ail sub-contraetors,
materialman, and laborers on said work shall look to and hold Contractor personally liable for ail sub-annU'acts, 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 lian 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 exh~a work in the erection,
construction and completion of said building or buildings as to any work and labor done and materiais 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 ail 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 Comraonwcalth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common
Plesz 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-Cootractor 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 Matevlal man, or in his or their name against said building or buildings, lot or lots of
ground or any pa~ thercof 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 Agseement shall have been filed shall be a sufficient exhibit of the Authority
herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby rernise, 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.
IN WITNESS WHEREOF, the said par~ies have hereunto set their hands and seals dated thc day and year first above
WITNESSES PRESENT:
LOUIS S. BISCUIT, OWNER
(SEAL)
~(SEAL)
KATHY M. ~CUIT, OWNER
(SEAL)
Contractor
2
EXHIBIT "A"
South 75 degrees .34 min~
comer of Lot Number 18; ti
West 613.48 feet to a poi
centerline offish Hatchery
arc distance of 29.20 fee
centerline, North 40 de~re~
centerline offish Hatcher,/
ALL THAT CERTAIN trac of land situate in North Newton Township, Cumberland
County, pen~.~ylvania' more particularly bounded and described pursuant to a final
subdivision Plan for Larry B. Foote, Sr. and H. David Miller, Ir. as recorded in
Cumberland County Plan Book 67, Page 59B, as follows:
BEGINNING at a point in ~he centerline offish Hatchery Road, Township Road T-388,
at the southeast comer of LOt Number 15 as show~ on the above Subdivision Plan; thence
by Lot Number 15, North 49 de~rees 27 minutes 37 seconds East 480.42 feet to a point in
line of land now or formerly ofMayda G. Cohen and Susan C. BuR; thence by said lands,
ics 4 seconds East 229.345 feet to a point at thc northwest
fence by Lot No. 18, South 52 degrees 09 seconds 15 minutes
:t in the c~nterline of Fish Hatchery Road; thence by the
.~oad by a curve to the lef~ having a radius of 621.07 feel, an
to a point in said centerline; thence continuing by the
; 32 minute.s23 seconds West 129.87 feet to a point in the
',oad, the Feint and Place of BEGINNING,
CONTAININO 2.15 ~ross's :res and being desi~ated a~ Lot 16.
BBrNG THE SAME PRBMISE$ which Larry E. Foote, Sr. and Mary C. Foot, husband
and wife and H. David Mill.er, Ir. and Norrna I. Miller, husband and wife, _by deed dated
April 25, 2002 and recorded in the Recorder of Deeds OffiCe in and for C~nberland
County, Pennsylvania in Rc~ord Book 251, Page 223'1, ~ranted and convey?d ur% Louis
S. Biscuit and Kathy A. BiScuit, husband and wife. '
9 'd ~Lgg'ON