HomeMy WebLinkAbout08-343608- 3~~, M LD
WAIVER OF LIENS
THIS AGREEMENT made this 3 ~ day of , 2008,
between DARREN H. SELLERS and BETHANNE B. S LERS of Boiling Springs,
Cumberland County, Pennsylvania ("Owner"), and WOLF BUILDER'S INC., a
Pennsylvania corporation, of 35 Kutz Road, Carlisle, PA 17015 ("Contractor").
THE BACKGROUND of this Agreement is as follows:
By a duly executed written agreement dated May 7, 2008 (the "Contract") Owner
and Contractor have contracted for the erection, construction and completion of a
custom built home (the "Improvements") to be erected on real estate known as Lot 106,
Netherby, Carlisle, PA 17015 being more specifically described in Exhibit "A" attached
(the "Property").
NOW THIS AGREEMENT WITNESSETH:
1. The Contractor, for it and anyone else acting or claiming through or under it,
for and in consideration of one dollar ($1.00) in hand paid by Owner, the receipt whereof
is hereby acknowledged, and further consideration mentioned in the Contract, 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 curtilage or curtilages 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 Improvements 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 whatever against Owner for any work done or labor or materials furnished
under the Contract for and about the erection, construction and completion of the
Improvements, or under any contract for extra work or for work supplemental thereto, or
otherwise.
2. 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 the Improvements as to any work or 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 WHEREOF, the said parties have hereunto set their hands and seals
dated the day and year first above written,
OWNERS:
(SEAL)
y: Ga .Wolf, Pr i ent
Wolf Builder's Inc.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
On this, the ~~ day of tit it h~ 2008, before a notary
public, the undersigned officer, personally appeared DARREN H. SELLERS and
BETHANNE B. SELLERS, known to me (or satisfactorily proven) to be the
persons whose names are subscribed to the within instrument, and
acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF I hereunto set my hand and official seal.
t Pennsvlva ~ ~ ~ ~ l.,c-~
NOTARIAL SEAL
KIMBERLY R. LEO, Notary Pubtic Notary Public
Carlisle Borough, Courtty of Cumberland
My Commissiur• E~ires Oct.10, 2009
COMM `~~' IA
SS:
COUNTY OF CUMBERLAND
On this, the ~~ day of 2008, before a notary
public, the undersigned ofi lcer, personally ap ared GARY L. WOLF, President,
who acknowledged himself to be President of olf Builder's Inc., a Pennsylvania
corporation and in that capacity, being authorized to do so, executed the
foregoing instrument for the purposes therein contained by signing the name of
the corporation by himself as President.
IN WITNESS WHEREOF I hereunto set my and a official
COMMONWEALTH OF PENNSYLVANIA 1
Notarial Seal
Trivia D. Naybr, Notes, Public Not ry P u b I I C
Carlisle Boro., Cumberlarxl
MY Commission E~ires Oct 2, 2010
CONTRACTOR:
Exhibit A
AI.T~ T~IAT CERTAIN tract of land situate in South Middleton Township,
Cumberland County, Pennsylvania, bounded and described according to the Final
Subdivision Plan. for Phase Number Two -The Pian of Nctherby prepared by
Uawood Associates dated Apri124, 2005, and revised through npril 13, 2007, and
recorded in Cumberland County Plan Book 94, Page 39, as follows, tv wit:
13EGINNTNC~ at a point on the right-of--way line oFNetherby Lane (50' R4'W) at the
southeastern corner of Lot No. 105 on the above-referenced Plan; thence along Lot
No, l O5, North 20 degrees 57 minutes 49 seconds Fast 188.61 feet to a point; thence
along; i,ot No, 94 on the above-referenced k'lan the following two courses and
distances; (i }South 83 degrees 14 minutes 03 seconds F.aSt 23.34 feet to a point; (2)
North 79 degrees 25 minutes 02 seconds East 49.62 feet to a point; thence along Loi
No. 93 on the above-referenced Plan, South 76 degrees OS minutes 30 seconds Tast
67.62 feet to a point; thence along Lot No. 91 on the above-referenced Alan South '13
degrees 54 minutes 30 seconds West 63.09 feet to a point; thence along Lot No, 107
on the above~refereneed Plan, South 30 degrees 59 minutes OS seconds West 178.24
feet to a point on the right-of--way line o~f said Netherby T,ane; thence along same on
a line curving to the left having a radius of 625.00 feet, an arc length o~ 109.32 feet
and a chord bearing of North 64 degrees O1 minute 33 seconds West 109.18 f'~et to
a point, the point and place of BF.GTNNING.
BEING LotNo. 106 on the I~inal Subdivision Plan for Ph.ose Number Two -The Plan
of Netherby and containing 27,609.4 square feet.
BEING a portion of the premises which Genevieve A. Diehl and Suzanne Diehl by
their Dccd dated Apri127, 2007, and recorded in Cumberland County, Pennsylvania
Deed Book 279, Page 3950, granted and conveyed unto Raymond E. i)iehl and
Donald 1/, Diehl, Grantors herein.
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