HomeMy WebLinkAbout02-4245 Law Offices
IRWIN~ McKNIGHT & HUGttE. v
60 West Pomfret Street, Carlisle, Pennsylvania 17013-3222
THIS AGREEMENT, made and concluded this 22N° day of August, 2002 by and between
SCOTT A. EIMERBRINK, TAMARA K. EIMERBRINK, BENNY R. STARNER and PAULA K. STARNER,
of Peansylvanla, parties of the first part (herainaffer called Owner),
AND
HOPS, INC. t/d/b/a SCHICK ENTERPRISES, with its principal offices located at 3320 Scherar Road, Kutztown,
Pennsylvania, 19530, party of the second part (herainafi~er called Contractor).
WHEREAS, the said parties have by a duly exeeuted agreement under seal, dated ~ 20
into a written contract for the erect/on, construction an~ .... ~,: .... ' 02, entered
· ~ ,-~,,.,p~*~,n o,a nam structure and improvements therein located at
374 Georgetown Road, Gardners, 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 Contraetor for and in consideration of tbe controct aforesaid
and the cons~darat~on mentioned thereunder, as well as the fi~rther consideration of One ($1.00) Dollar to him in hand paid by the
Owner at or before the sealing and delivery of tbese 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 appuneaant thereto, by Contractor or by any sub-anattector,
materialmen or laborers for work done or materials furnished under said contract or by any other party acting through or under
there or any of there for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors,
materialman, and laborers on said work shall look to and hold Contractur personally liable for all sub-contracts, materials
furnished and work and labor done, so that there shall not be any lagal or lawfi~l claim of any kind whatever against Owner for
any work done or labor or materials furnished under said · .
contract for and about the erecttan, constructmn 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 as
well with respect to work done and materials furnished under any supplemental contract for extra work in the erect/on,
construetion 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, there or it and in his, their, its, name, mark satisfied of record at the cost and expense oftbe 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 all fights 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 ~qtEREOF, the said parties have hereunto set their hands and seals dated the day and year first above
WITNESSES PRESENT:
SCOTT A. EIMERBRINK
2
EXHIBIT "A"
TRACT NO. 1
ALL that certain tract of land with improvements thereon erected situate in Dickinson
Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point (a chestnut tree 30 inches in diameter) a comer of lands
formerly of Fishburn now of E. A. Nicodemus; thence by lands of said Nicodemus, South 89
degrees West 32.8perches to a point, an iron pin; thence still continuing along lands of said
Nicodemus, South 83 degrees West 5.3 perches to a stone in the center of a public road; thence
along the center of said public road and lands of said Nicodemus, South 35 degrees West 17.7
perches to a stone, a comer of lands now or formerly of Calvin Murtorf?, thence along lands of
said Murtorff, North 65 ~ degrees West 22.5 perches to stone; thence still continuing along land
of said Murtorff, North 22 degrees East 21.9 perches to stone on line of lands of Oscar Weidner;
thence along lands of said Weidner, North 71 degrees East 16.4 perches to stone at Chestnut
stump; thence still continuing along lands of said Weidner and crossing the right of way of the
Philadelphia and Reading Railway Company, North 40 ½ degrees West 46.6 perches to stones,
formerly the location of an old maple tree; thence still continuing along lands of said Oscar
Weidner, North 52 degrees East 30.5 perches to the center of a public road; thence along the
approximate center of the said public road and lands oflssac Stamer, South 36 ½ degrees East
14.3 perches to an iron pin; thence still continuing along lands of said Starner, North 64 degrees
East 15.4 perches to a post; thence still continuing along lands of said Issac Stamer, South 22
degrees East 6.3 perches to a point in the north right of way land of the said Pennsylvania and
Reading Railway Company; thence following the corresponding opposite right of way line of
the said Pennsylvania and Reading Railway Company in coincidence with said Pennsylvania
and reading Railway Company in coincidence with curvature of the same, North 43 ~A degrees
East 13.2 perches to an iron pin; thence continuing along the said right of way line, North 40 ½
degrees East 15.6 perches to an iron pin in line of lands now or formerly of Charles Miller,
thence along the same, South 60 degrees East 8.3 perches to stones; thence along lands of said
Miller, South 57 ~A degrees East 30.9 perches to a point, an iron pin in line of lands of said
Nicodemus; thence along lands of said Nicodemus, South 25 degrees West 26/.7 perches to a
point, an iron pin, formerly an old chestnut stump; thence still continuing along lands of said
Nicodemus, South 16 degrees West 31 perches to a point; the Place of BEGINNING
Originally containing 32 acres 120 perches of land, more or less, as shown by the survey
orA. T. Bennett, said survey having been made on the 12th day of December, 1940. Less,
however, the following five (5) tracts of land.
1.) Tract containing 110.68 perches, more or less conveyed from D. Boyd Stamer, et ux.,
to Galen D. Starner, et ux dated March 23, 1962 and recorded in Cumberland County Deed
Book L, Volume 20, Page 960.
2.) Tract containing 50.2 perches, more or less conveyed from D. Boyd Starner, et ux to
Galen D. Stamer, et ux, dated February 8, 1965 and recorded in Cumberland County Deed Book
M, Volume 2 I, Page 409.
3.) Tract containing 1.0670 acres conveyed from D. Boyd Starner, et ux, to Barry L.
Starner, et ux, dated January 25, 1974 and recorded in Cumberland County Deed Book M,
Volume 25, Page 346.
4.) Tract containing 3.8699 acres conveyed from D. Boyd Stamer. et ux, to Galen D.
Stamer, et ux, dated March 9, 1974 and recorded in Cumberland County Dded Book N, Volume
25, page 475.
5.) Tract containing 2.0306 acres conveyed from D. Boyd Stamer to Lloyd W. Brough,
Jr., et ux, by deed dated June 18, 1974 and recorded in Cumberland County Deed Book N,
Volume 25, page 478.
TRACT NO. 2
ALL that certain tract of land with improvements thereon erected situate in Dickinson
Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at an iron pin in line of land now or formerly of C. J. Tyson at comer of
land now or formerly of Lloyd Brough; thence from said iron pin along the said line of land now
or formerly of Lloyd Brough, the following courses and distances: North 52 degrees 45 minutes
West, 8.2 perches to an iron pin; North 47 degrees West 10.5 perches to an iron pin; North 38
degrees 30 minutes West 9.9 perches to an iron pin; North 34 degrees West 15.6 pemhes to an
iron pin; North 41 degrees 30 minutes West, 20.7 perches to an iron pin; North 50 degrees 45
minutes West, 13.1 perches to an iron pin; North 64 degrees 30 minutes West, 2 perches to an
iron pin at comer of lands now or formerly ofP. W. Edwards; thence along said line of land now
or formerly of P. p Edwards the following courses and distances: North 41 degrees East 23
perches to a post; North 39 degrees East 30.8 pemhes to a post; North 41 degrees 30 minutes
East 15.9 perches to an iron pin in line of land now or formerly of Frank Black; thence along
said line of lands now or formerly of Frank Black and line of land now or formerly of Donald L.
Tate, South 48 degrees East 69.2 perches to a stone; thence still along said line of land now or
formerly of Donald L. Tate South 08 degrees 30 minutesWest, 21.1 perches to stone at comer of
land now or formerly of C. J. Tyson; thence along said line of land now or formerly of C. J.
Tyson, South 31 degrees West, 53.2 perches to an iron pin, the place of BEGINNING.
CONTAINING thirty-two (32) acres and Forty (40) perches.
BEING the same premises which Benny R. Stamer and Paula K. Stamer, his wife, by
deed dated September 5, 2002, and recorded in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania in Deed Book
granted and conveyed unto , Page ,
herein. Scott A. Eimerbrink and Tamara K. Eimerbrink, his wife, m~"~gago~s