Loading...
HomeMy WebLinkAbout01-1417 FX ~~--"- d "~ _ L .....l '~ '.1'''',,; File No. HAR125-204 Date: 3/8/01 WAIVER OF LIENS O/-/Li/7 THIS AGREEMENT made and concluded on March 08, 2001 between Dennis L. Miller and Lynn M. Miller, husband and wife, party of the first part (hereinafter called Owner), and W. David Earhart, Sole Proprietor, party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date herewith, entered into a written contract for the erection, constmction and completion of Lot 3, Glenfmnan Place, Allen Estates, Mechanicsburg, Pennsylvania 17055. WHEREAS, by the terms of contract aforesaid the Contractor covenanted, promises and agreed that no mechanic lien or claims would be entered and filed against the said building or buildings or any part thereof, or the curtilage or curtilages appurtenant thereto, either by himself or anyone else for any work, labor and materials supplied in the performance of the said contract, or under and supplemental contract for extra work, in the erection, constmction or completion of the said building or buildings or any of the curtilages appurtenant thereto. 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 dollar ($1.00) to him in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanic's liens or claim or their lien of 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-contractor, materialmen or laborers for work done or materials furnished under said contract or by any other party acting through or under 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-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 contract for any about the erection, constmction and completion of said building as aforesaid, or under any contract for extra work, or for work supplemental thereto, or otherwise. AND this Agreement waiving the right of lien shall be independent covenant and shall covenant and be effective as well with respect to work done and materials furnished under and supplemental contract for extra work in the erection, constmction and completion of the 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 him/herself 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 himlherself, themselves, itself, hereby irrevocable 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 subcontractor or materialman or matieralmen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any subGontractor or materialman or in his/her or their name against said building or buildipgs, lot or lots of ground 3' .~, '~"" _Iiio"~~""~' -- ~ - L ~il 0 ~. ~.~, ~' ,H.i, . or any part thereof and for such act or acts this shall be good and sufficient warrant and authority, and a referen-ce to the Court, Term and Number in which and where this Agreement shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for himlherself, themselves, itself, do hereby remise, release and quitclaim all rights and all manner of errors, defects and imperfections what -soever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF the said partied have hereunto set their hands and seals dated the day and year first above written. WITNESSES PRESENT ~ &em~;:~ Owner Seal ~~, ~~~ ~ ~~/7j,~ Seal /lJ;, ()autJ ~A~ Contractor Seal '<,0 , ' - ~'< SCHEDULE A (continued) Commitment Schedule A ALL THATiCERTAIN tract ofland, Hereditalllents and Appurtenances, Situate in Lower Allen Township, Cumber1an~ County, Pennsylvania and described according to a Final Subdivision Plan prepared by Hartman and Associates, Registered Professional Engineers, CallIp Hill, Pennsylvania, dated November I, 1995 and last revised Febl1Uary 6, 1996 and recorded in Plan Book 72 page 125, as follows, to wit: BEGINNINO at a point on the Southwest side of Well gate Lane at the boundary between Lots 3 and 4 on said Plan; thence I extending along said boundary South 14 degrees 45 minutes 19 seconds West 143.63 feet to a point in line oflan:ds of now or late of Maxine Wilder; thence extending along said lands North 67 degrees 4S minutes o seoonds West 50 feet to a point; thence continuing along said land South 22 degrees IS minutes 182.16 feet to a pointatth~ right of way of Main Street (S.R. 0114); thence extending along said right of way North 67 degrees 45 niJinutes 0 seconds West 108.31 feet to a point of tangency at the corner of Main Street and Glenfimlan I1lace; thence extending along said intersection along a curve having a radius of 15 feet the arc distance of 23.56 feet to a point on the Southeast side of Glenfinnan Place; thence extending along sallie North , 22 degrees lip minutes 0 seconds East 291.75 feet to a point of tangency at the intersection of Glenfinnan Place and WeIlgat~ Lane; thence extending along said intersection along a curve having a radius of IS feet the arc distance of213.56 feet to a point on the Southwest side of Well gate Lane; thence extending along said lane South 67 degrees 4~ minutes 0 seconds East 96.53 feet to a point of tangency; thence continuing along the curve having a radjus of 330 feet the arc distance 0 43.17 feet to the point and place of beginning. BEING Lot No.3 on said Plan. CONTAINING 45,316.91 squarefeet. BEING the ~allIe premises which Peml Valley Corp., a Pennsylvania Corporation, by Indenture dated 10/20/2000 and recorded in the Recorder of Deeds, in and for the County of Cumberland, aforesaid, in Deed Book 232 and page 1047 &c., granted and conveyed unto Dennis L. Miller and Lynn M. Miller, husband and wife, in fee. BEING Parcel No. (not yet separately assessed). EXCEPTING THEREOUT AND THEREFROM (IF ANY) THE PREMISES AS MORE FULLY DESCRIBED IN THE FOLLOWING DEED: NONE END OF REPORT 11/15100@8:14AM SMALL ENOUGH TO SERVE YOU PERSONALLY... LARGE ENOUGH TO SERVE YOU PROFESSIONALLY... THANK YOU FOR USING T.A, of Harrisburg, LLP! File # HAR125-204 Commitment #2K41494 This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached 1ilI;:iI';'<-'""'"'lli-~---i"~~_~~~j\."ij'4:.,.~~'~iii'~-&~iili~jj "~"k:_~ IlN" ,~"'" ~" =, ._~ ,~ , "~~, ^ ~ ~"' "".Ul""!$r>-W;,tlllii~_~~..w. I' ,~~ "" ""~II: >, ~,--. ""- ,,->~ . ,., ~ 0 0 0 c -o~; Tl p :Jl: '~1 -- mO' J.:a 2fT'! MliJd 1" C) ~,~ :;.u - ~ < 05~. :.'~1R 0 <:> -<2" r" i::, r "Q C> r:::CJ ,:"u ..c: :i>c:, -0 :J:=R ~ """\::) z" 3: C)- ~ )>0 70 ~ ~ ~ Om G" :::< U1 'j;! ~ fA> :0 -< ;l , ~ ~ !'l '! 0 ~ .