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HomeMy WebLinkAbout02-3501Law Offices [R WIN~ McKNIGHT & HUGtfl~ C 60 West Porn fret Street, Carlisle, Pennrylmnia 17015-$222 THIS AGREEMENT, mede and concluded this 22"d day of July, 2002 between TERRY A. BEAM AND SARAH M. BEAM, of 137 Andrew Court, Carlisle, Pennsylvania, 17013, parties of the first part (herainafl~er called Owner), AND RALPH K. THOMAS l/dfo/a BETTERVIEW WINDOWS DOORS & PATIO ROOMS, CONTRACTOR, with its principal offices located at 329 Fairview Street, Carlisle, Pennsylvania, 17013, party of the second part (hereinafter called Contractor). WHEREAS, the said panics have by a duly executed agreement under seal, dated June 12, 2002, entered into a written contract for the erection, construction and completion of a single family dwelling located at Lot #35 Cobblestone Estates, Carlisle, South Middleton, Cumberland County, Pennsylvania as set forth in Deed Book 248, Page 4246, and as more particular described in the attached Exhibit A. NOW THIS AGREEMENT WITNESSETH: That the C°nttantor 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 thesa 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 shai! be flied or maintained against the said building or buildings or the curtilage or curt0agas appurtenant thereto, by Contractor or by any sub-oontractor, matarialmen 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-cootractors, materialman, and labours on said work shall look to and hold Conwactor 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 coetmct for and about the erection, construction and Completion of said buildings as aforesaid, or under any conWact 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 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 Matarialman, or Material men, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Material men, or in his or their name against said building or buildings, lot or lots of ground or eny pa~ thereof end for such act or acts this shall be good end sufficient warrant end authority, and a reference to the Court, Term and Number in which end where this Agreement shall have been filed shall be a sufficient exhibit of the Authority hex~in contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release end quit- claim all rights end all manner of errors, defects end imperfections whatsoever in entering such satisfaction or in eny. wise touching or concerning the same. written. IN WITNESS WHEREOF, the said paxties have hereunto set their bends and seals dated the day and year first above WITNESSES PRESENT: TERRy A. BEAM, OWNER - , Cont~ct0r 2 .schedule C Land Description Number ALL THAT CERTAIN tract of land situ ' , ~ounty, Pennsylvania, more "articu~-, L , t. ate m South Middleton Townshi,- ,', ...... ri t. -~Y oounoed and · v, ,--.urnoerlano .an for Cobblestone Estates, Sheet 2 r ..... ..descmbed pursuant to a Final lo0A as follows. , =coraea in Cumberland Count,, p1n ~, . ., ,m z~ook 70, Page BEGINNING at a point on the southern right of way line of Limestone Road (50 feet wide right of way) at the northeast comer of Lot No. 34 as shown on said plan; thence by the southern right of way line of Limestone Road, South 85 degrees 15 minutes 00 seconds East 90.01 feet to a point on said right of way line at the northwest comer of Lot No. 36 as shown on said plan; thence by Lot No. 36, South 01 degrees 01 minutes 24 seconds West (erroneouslv set forth in prior deed as East) 211.48 feet to a point being the common comer of Lots Nos. 367 39, 48 and 35 as shown on said plan; thence by Lot No. 48, North 84 degrees I 1 minutes 01 seconds West 107.65 feet to a point at the southeast comer of Lot No. 49 as shown on said plan; thence by Lots Nos. 49 and 34, North 05 degrees 48 minutes 59 seconds East 208.94 feet to a point on the southern right of way line of Limestone Road, the point and place of BEGINNING. CONTAINING 0.4761 acres or 20,738.61 square feet and being designated as Lot No. 35 as shown on the above described subdivision plan. BEING the same premises which Terry A. Beam and Sarah M. Thomas, his wife, by their deed date July 22, 2002, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania , granted and conveyed to Terry A. Beam and Sara~ in Deed Book , Page M. Beam, mortgagors herein.