HomeMy WebLinkAbout09-2191FRED J. ALBA and
MARY KATHRYN ALBA
G~,,~ ~ ~ Plaintiffs
v.
GLENN D. LIVELSBERGER, INC.,
T/A HERITAGE BUILDERS
~! v~ ~f c~cl~~ Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO: ~~ .- a / 9/ /~ L~~
WAIVER OF LIENS
WHEREAS, by Agreement dated February 21, 2009, Fred J. Alba and Mary Kathryn
Alba (hereinafter "Owners/Borrowers") contracted with Glenn S. Livelsberger, Inc., T/A
Heritage Builders, Inc. (hereinafter "Contractor") for work and services relating to the
construction and construction supervision of a project upon the real estate described on Exhibit
"A" attached hereto and made a part hereof; and
WHEREAS, the project is to consist of the construction of a single family dwelling on
property in Upper Allen Township, Cumberland County, Pennsylvania, described on Exhibit "A"
attached hereto, more fully detailed in the construction contract described above; and
V~'HEREAS, Fulton Bank has agreed to lend and advance One Million, Five Hundred and
Eighty-Four Thousand, Eight Hundred and Forty Seven Dollars ($1,584,847.00) to
Owners/Borrowers to finance such construction in consideration of, among other things, the
execution of this Waiver.
NOW, THEREFORE, Contractor, INTENDING TO BE LEGALLY BOUND HEREBY,
and before any authority has been given to the said Contractor by Owners/Borrowers or any
other person to commence any work on the said Project or to purchase materials therefore, does
hereby, for Contractor and for any and all subcontractors, materialmen, employees and parties
acting or claiming for, through or under Contractor, covenant and agree with Owner/Borrower
and Fulton Bank that no mechanics' liens or claims shall be filed or maintained against the
above-described real estate, or the building or improvements to be erected thereon, for or on
account of any work done or materials furnished under said agreement or under any
supplemental contract, verbal or written, or contract for extra work in or about the erection,
construction and completion of said project, or otherwise; and Contractor, for Contractor and any
and all subcontractors, materialmen, employees and parties acting or claiming through or under
Contractor, hereby expressly waives and relinquishes the right to have, file or maintain any
mechanics' liens or claims against said real estate or buildings or improvements.
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, supervision and completion of
the said project as to any work and labor done and materials furnished under said agreement.
In order to give Owners/Borrowers and Fulton Bank full power and authority to protect
the said real estate and buildings or any of them against any and all mechanics' liens or claims
filed by Contractor or anyone acting or claiming for, through or under Contractor or in violation
of this agreement, Contractor, for itself and all such aforesaid subcontractors, materialmen,
employees and parties acting or claiming for, through or under Contractor, hereby irrevocably
authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of
Pennsylvania, or any attorney of any other court or jurisdiction there or elsewhere, to appear in
any said courts or jurisdictions for Contractor and mark satisfied of record, at the cost and
expense of Contractor, or any such subcontractor, materialmen, employee or party, any and all
claim or claims, lien or liens filed by or for Contractor or in its or their name against the said real
estate, buildings; a copy of this Agreement, and a reference to the court, term and number or
place in which this agreement and waiver shall have been filed shall be sufficient exhibit of the
authority herein contained to warrant such action; and Contractor, for itself and all such parties,
does hereby remise, release and quitclaim unto Owners/Borrowers and Fulton Bank and their and
each of their certain attorney or attorneys, any and all manner of errors, defects and
imperfections whatsoever in entering such satisfaction or anywise touching or concerning the
same.
This agreement and waiver is made and intended to be filed with the Prothonotary of the
Court of Common Pleas of Cumberland County, Pennsylvania, or other proper place in which
the above-described lands are located.
It is expressly understood that the foregoing waiver and all of the provisions and
remedies herein contained shall be available to and for the protection of Fulton Bank, mortgagee
of said premises, its successors or assigns.
In the event Contactor 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 the purposes of this
agreement and waiver, 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, Contractor has hereunto signed and sealed these presents this
day of March, 2009.
WITNESS:
ATTEST:
O~ S/BORROWERS
Fred J. Alb
n ~
Mary K t n Al
CONTRACTOR:
Glenn D. Livelsberger, Inc.,
T/A eritage Bui ers
BY ~I
Commonwealth of Pennsylvania ~ ' -'
County of ~ u~.r[.~~-u.~
' On thi the y of , 20 a 9- ,before
me the undersigned off cer, .
personally appease ~ ~ ~. ,
Known tome (or satisfactorily proven) to be the erson s whose
named ' 4 r-c_subscribed to the within instinuiient, and
acknowledged that~-heX executed the same for the purposes
thereincontained. - -
-
In witness whereof, I hereunto set my hand
And official seals.
CON~IAONWEALTH OF PENNSYLVANIA -
Notarial Seal
Robert J. Reeae, Notary Public ~_y ~,
Stover Spfinp Twp„ Cumberland County
conanlaton ~,~ ~. ,o, zo,z Notary lie ~ .
Member, nia Association of Notaries
Prepared By:
Wix Wenger & Weidner
Pos# Office Sox 845
Harrisburg, PA 17108-0845
Return To:
.Fred J. and Mary Kathryn Alba
12 Bridgeport Drive
Mechanicsburg, PA .17050
Tax Parcel No. 42-11-0274-054
THiS DEED
Made the ~~day of fyu~., in the year of our Lord two thousand eight (2008)
Between MANN REALTY ASSOCIATES, INC., a Pennsylvania corporation, party
of the first part ("Grantor")
AND
FRED J. ALBA and MARY KATHRYN ALBA, husband and wife, parties
of the second part ("Grantees")
Wltnesssth, that the said Grantor, for and in consideration of the sum of Two Hundred
Seventy Five Thousand and 00/100 ($275,000.00) Dollars lawful money of the United
States unto Grantor well and #ruly paid by the Grantees, the n~eipt of which is hereby
acknowledged, does hereby grant, bargain, sell, alien, enfeoff, release, convey and
confirm unto the said Grantees, Grantees' heirs and assigns,
ALL THAT CERTAIN tract or parcel of land situated in Upper Allen Township.,
Cumberland County, Pennsylvania, as shown on the final subdivision plan of Allen
Glen, Phase 1, as prepared by Melham Associates, PC., more particularly bounded and
described as follows., to wit:
BEGINNING at a point on the western right-of way line of Glen Court, a 50` wide road.,
said point being the southeastern comer of Lot 3; thence along the afon~aid right-of-
way line, by a curve to the right having a radius of 375.00 feet, an arc length of 106.21
feet, said arc being subtended by a chord of S 54° 27' 50" W, a distance of 105.85' to a
point; thence along the same, by a curve to the right having a radius of 26.00 feet, an .
arc length of 23.74 feet, said arc being subtended by a chord of S 88° 44' 21" W, a
distance of 22.93' to a point; thence along the same, by a curve to the !eft having a
radius of 50.00 feet, an arc length of 120.50 feet, said arc being subtended by a chord
of S 45° 51' 42" W, a distance of 93.38 feet to a poin#, said point being the
northwestern comer of Lat 5; thence along the boundary of Lot 5, S 30° 24' 14° W, a
distance of 343.48 feet to a point, said point being on the northern edge of lands now or
formerly of Lawrence E. Dipietro; thence along the aforesaid boundary, S 89° 00' 24„
W, a distance of 332.47 feet to a point, said point being the northwestern comer of the
aforesaid property and on the eastern edge of lands naw or formerly of Spencer G.
Nauman, Jr.; thence leaving the lands now or formerly of Lawrence E. Dipietro and
running along lands now oc formerly of Spencer G. Nauman, Jr., N 01 ° 00' 48" E, a
distance of 516.56 feet to a point, said point being the southwestern comer of Lot 3;
thence along the boundary of Lot 3, S 82° 47' 42' E, a distance of 696.97 feet to a
point, said point being the place of BEGINNING.
CONTAINING 229,821.29 square feet or 5.276 acres.
BEING Lot No. 4 on Allen Glen., Phase 1, Final Subdivision Plan, prepared by Meiham
Associates, P.C., dated August 9, 2001, last revised October 4, 2001, recorded
November 1, 2001 in Cumberland County Plan Book 84, Page 46.
UNDER AND SUBJECT to a Declaration of Allen Glen., a Planned Community,
recorded in Cumberland County Miscellaneous Book fi95, Page 1524, as amended.
FURTHER UNDER AND SUBJECT to all restrictions, reservations, easements,
covenants, conditions and rights-of--way of record.
BEING a portion of the same premises granted and conveyed unto. Mann Realty
Associates, Inc., a Pennsylvania corporation, Grantor herein, by the following deeds: in
part, by deed dated November 5, 2001, recorded November i3, 2001 in Cumberland
County geed Book 249, Page 883; in part, by deed dated November 5, 2044, recorded
November 13, 2001 in Cumberland County Deed Book 249, Page 888; in part, a portion
of Corrective Fee Simple Deed dated March 23, 2001, recorded March 23, 2001 in
Cumberland County Deed Book 241, Page 453; and Sheriffs Deed dated October 17,
2001, recorded October 18, 2001 in Deed Book 248, Page 4134.
Togetherwith all and singular the hereditaments and appurtenances thereunto
belonging or in anywise appertaining and the reversions and remainders, rents., issues
and profits thereof and all the estate, right, title, interest, property, daim and demand
whatsoever of the Grantor, in law, equity or othervvise., of, in and to the same and every
part thereof.
To Have and to Hotd the above-described premises wsth the appurtenances unto the
Grantees, Grantees' heirs and assigns, forever.
And the said Grantor hereby covenants and agrees that it will warrant specially the
property hereby conveyed.
In Witness Whereof, the Officers of Grantor have hereunto caused this deed to be
executed and delivered the day and year first above written.
ATTEST: Mann Realty Associates., Inc.
~ ~`'
(Asst.) Secreta~ry~~ By~(Vice) President ~~~
Gommonwealth of Pennsylvania
County of Dauphin
. SS.;
On this, the ~ `~ . ~ ' day of ~'l ~u-c.-~ , 2008, before me, the undersigned
officer, personally appeared ~us~~ Mccw~ ~+ a ,who acknowledged herself/himseff
to be the ice) President of Mann Realty Associates, lnc., a Pennsylvania corporation.,
and that shefie as such ~ce~ President being authorized to do so, executed the
foregoing instrument for the purpose therein contained by signing the name of the
corporation by herself/himself as ice) President.
In Witness YVher+eof, I hereunto se# my hand and official seal.
cOMMO{WVEAtJH OF PENNSYLVANIA
Notarial Seal
Susanne K. Satlier, Notary PubAc
C2mp MiB Born, cumbartand county
My Garnnia,lon titres Aug. 25, 2009
Mumb+r, Panraylvarrla Aseodatlon of Notaries
~~~
i~~~
Notary Public
My Commission Expires:
SEAL}
/Hereby Certify that the precise residence of the Grantees is #~,4-~vrttC-i-ieffaw
.
la 3~ld~e~ ~~t~
.Attorney for Grante s
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