HomeMy WebLinkAbout02-3673 Law Offices
IR WIN~ McKNIGHT & HUGHES
60 West PomJ~et Street, Carlisle, Pennsylvania 17013-3222
THIS AGREEMENT, made and concluded this 31 st day of July, 2002 between
SCOTT D. CASSES & ROCHELLE L. CASSES, of 525 Summit Drive, Carlisle, Pennsylvania, 17013, parties of
the first part (hereinafier called Owner),
AND
S&A CUSTOM BUILT HOMES, CONTRACTOR, with its principal offices located at 1060 Trindle Road,
Carlisle, Pennsylvania, 17013, party of the second part (hereinafier called Cantraetor).
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 of a single family dwelling located at Lot #1 White Oak
Tree Road, York Springs, Adams 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 scaling and delivery of these 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 shall be filed or maintained
against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-con.actor,
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-cantracts, 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 es
well with respect to work done and materials furnished under any supplemental contract for extra work in the erection,
eonstruetian 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 himself, themselves, itself, do hereby remise, release and quit-
claim ali rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in any- wise
touching or concerning the same.
written. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above
WITNESSES PRESENT:
/s o-Tx v. OW R
~EAL)
ROCHELLE L. CASSES, OWNER
S&A CUSTO~I~T HOMES, INC., Contractor
2
schedule C
La.nd.
Descrlphon
Number
ALL THAT CERTAIN tract of land si~ated in the ,¢:~uth Middletcn Tcwnship,
Cumberland County, PA, being Lot No. 9, as shown ~n a Plan entitled, "Final
Subdivision Plan, Meadowood Site Plan," dated February 9, 2000, by Advantage
Engineering Services, Inc., Harrisburg, PA, recorded in the Recorder of Deeds in and for
Cumberland Coun~ in Plan Book 81, Page 133, being bounded and described as
follows:
BEGINNING at an iron pin, being a westedy comer of Lot No. 8, and lying in a northerly
dght of way line of Meadowo~d Place; t~ence along said right of way. along a curve to
the left, having a radius of 60.00 feet, and arc length of 50.73 feet, a delta angle of 48
degrees 2~ minutes 32 seconds, a tangent of 25.99 feet to an iron pin, lying along said
dght of way, and being an aastedy comer of Lot No. 10, thence along said Lot, North 43
degrees 10 minutes 35 seconds West, 298.27 feet to an iron pin, being a norl~edy
comer ef said Lot and lying in a scuthedy line of lands owned now or formerly by South
Middleton Township School Oistdc~ (B.B. 35-W, Pg. 429); thence along said lands, North
72 degrees 51 minutes 08 seconds East, 184.90 feet to an iron pin, lying along said
lands and being a westerly comer of lands owned now or f ,c~'medy by South Middleton
Township School District (D.B.J., Vol. 9, Pg. 504); thence ~long~. said lands, South 84
degrees 45 minutes 35 seconds East, 97.16 feet to an iron ~.~n, lying along said lands
and being a ,¢re~terly c~mer of Lot No. 8; thence along said ;Lot, South 05 degrees 15
minutes 57 seconds West, 248.22 feet to an iron pin, being !he piece of BEGINNIMG.
CONTAINING 43,214.39 square feet.
!
BEING knov~ Rd numbered as 9 Meadowood Place, Boiling.
Spdngs,
PA
17O07
BEING the same premises which S&A Custom Built Homes, Inc., by their deed
date July 31, 2002, and recorded in the OFfice of the Recorder of Deeds in
and for Cumberland County, Pennsylvania, in Deed Book , Page , granted
and conveyed to Scott D. Casses and Rochelle L. Casses, mortgagors herein.
LAW OFFICES
IRWIN McKNIGHT & HUGHES
WEST POMFRET PROFE$S/ONAL BUILDING
60 WEST POMFRET STREET
CARLISLE, PENNSYLVANIA 17013-3222
(717) 249-2353
FAX (7~17) 249-6354
JUDGEMENT NOTE
$ 57,000.00
July 30,2002
AS PROVIDED BELOW, after date, I the undersigned, promise to pay to the order of
TODD W. MYERS, the sum of Fifty Seven Thousand and no/100 ($57,000.00) Dollars,
without offset, for value received, with interest on the unpaid balance of 4% per annum. Protest
waived. Any additional loans and advances granted to the undersigned, with interest and
charges, shall also be secured hereby.
THE undersigned agrees to make payments in the amount of One Hundred Ninety and
00/100 ($190.00) Dollars, payable on or before the 1 st day of each month.
TODD W. MYERS reserves the fight to damand payment of the unpaid principal as well
as all accrued interest on said principal at any time by giving to TIMOTHY L. MYERS Sixty
(60) days written notice of said demand for payment of the unpaid balance of the note with any
accrued interest than due and owing.
If TIMOTHY L. MYERS, sells the property located at 20 McBride Avenue, Carlisle,
Pennsylvania, 17013 to any third party by Agreement of Sale or a conveyance of title by deed,
the unpaid principal and any accrued interest will be immediately due to TODD W. MYERS.
AND FURTHER, I do hereby authorize and empower any attorney of any court of record
of Pennsylvania, or elsewhere, to appear for and to enter judgment against me for the said sum of
$57,000.00 with costs of suits, release of errors, without stay of execution and with 10% added
for collection fees; and I also hereby waive and release all relief from any and all appralsament,
stay or exemption laws of any state now in force or hereafter to be passed.
WITNESS:
(SEAL)
Address: 20 MCBRIDE AVE.
CARLISLE~ PA 17013