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HomeMy WebLinkAbout07-4159No. o ~ - y ~sv M ~a RESIDENTIAL BUILDING (LESS THAN ONE MILLION DOLLARS) CONTRACTOR'S WAIVER OF LIENS (49 P.S. 1402) THIS AGREEMENT made and concluded this _~Z~~ day of July, 2007, between David M. Collins and Carrie L. Collins of 21 Yates Street, Mt. Holly Springs, PA 17065 (the "Owner") and Matthew Ludt Construction of 139 Bonnybrook Road, Cazlisle, PA 17013 (the "Contractor"). THE BACKGROUND of this Agreement is as follows: A. By a duly executed written agreement (the "Contract") Owner and Contractor have contracted for the erection, construction, alteration or repair of a residential building with a contract price of less than one million dollazs (the "Improvement") to be erected on real estate described in Exhibit "A" attached (the "Property"). B. By the terms of the Contract, Contractor has covenanted, promised and agreed that no mechanics' or materialmen's liens or claims would be filed or maintained in the Property or any part thereof, or the cartilage or cartilages appurtenant thereto, either by himself or any subcontractor, or anyone else for or on account of any work, labor or materials supplied in the performance of the Contract, or under any supplemental contract or for extra work, in the erection, construction or completion of the Improvement on the Property or any of the cartilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: 1. The Contractor, for himself or any subcontractor, and anyone else acting or claiming through or under him, for and in consideration of the Contract and the considerations mentioned therein, and intending to be legally bound hereby, does hereby waive and relinquish all right to file a mechanics' lien, claim or notice of intention to file any lien or claim, and 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 Improvements or the estate or title of Owner in the Property or the cartilage or cartilages appurtenant thereto, by or in the name of Contractor or any subcontractor, materialmen or laborers for work done or materials furnished under the Contract or by any other party acting through or under them or any of them for and about the Improvement or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatsoever against Owner for any work done or labor or materials furnished under the Contract for and about the erection, construction and completion of the Improvement, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. This Agreement waiving the right of lien (as provided for in 49 P.S. § 1402) 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 the Improvement as to any work and labor done and materials furnished under the Contract. 3. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For purposes of this Agreement, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. IN WITNESS WHERE OF the said parties have hereunto set their hands and seals dated the date and year first above written. O avid M. Collins ~~~ Carrie L. Collins CONTRACTOR: MATTHEW LUD' CONS N By: ~aTl ~rGf~ G- ~ r,.~17' a~r~i~ e/" (Print Name and Title) (If Owner or Contractor is a corporation, this agreement should be executed by its President or Vice President, and its Secretary or Treasurer, and the corporate seal impressed. If either is a partnership, all partners should execute this agreement; and if either is an individual or partnership, all signatures should be witnessed.) ~. EXHIBIT "A" TRACT NO.1: ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania, and described according to survey made by Thomas A. Neff, Registered Surveyor, dated June 7, 1973, as follows: BEGINNING at stones at corner common to the tract herein conveyed property now or formerly of A. Mellinger, at the property of Earl E. Hoffman, et ux., and property now or formerly of James Davis; thence by property now or formerly of James Davis South 10 degrees 55 minutes East 569.25 feet to stones; thence by property now or formerly of J. M. Tritt North 89 degrees 55 minutes West 1,576.86 feet to a stake; thence by property of Lawrence Vincent Hoffman, et ux., North 10 degrees 55 minutes West 595.80 feet to stones; thence by property now or formerly of James Myers North 89 degrees 20 minutes East 1155.00 feet to a stone; thence by property now or formerly of A. Mellinger South 84 degrees 25 minutes East 429.00 feet to stones, the place of BEGINNING. TRACT N0.2: ALL THAT CERTAIN tract of mountain land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at stones; thence by lands now or formerly of Daniel Keller South 87 degrees West 26 perches to stones; thence by lands now or formerly of Abraham Sollenberger North 11'/z degrees East 39.5 perches to stones; thence by lands now or formerly of Henry Rupert's heirs North 831/a degrees East 19.5 perches to stones; thence by lands now or formerly of the heirs of Mary Widders; deceased, South 1'/z degrees West 39.7 perches to the place of BEGINNING. BEING the same premises which Earl E. Hoffman and Donna F. Hoffinan, husband and wife, by their Deed dated February 27, 2007 and recorded February 27, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book 278, Page 4550, granted and conveyed unto David M. Collins and Carrie L. Collins, husband and wife, Mortgagors herein. 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