HomeMy WebLinkAbout01-1417WAIVER OF LIENS
File No. HAR125-204
Date: 3/8/01
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, construction and completion of Lot 3, Glanf'mnan Place, Allen
Estates, Meehanicsburg, 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, construction or completion of the said building or buildings or any of the curtilages appurtenant
thereto.
NOW THIS AGREEMENT WlTNESSETH: 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, construction 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, construction 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 him/herself, 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
s,.~.:ontractor or materialman or in his/her or their name against said building or buildi~gs, 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
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 him/herself,
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
Owner
Contractor
Seal
Seal
Seal
SCHEDULE A
(continued)
Commitment Schedule A
ALL THAT CERTAIN tract of land, Hereditaments and Appurtenances, Situate in Lower Allen Township,
Cumberland County, Pennsylvania and described according to a Final Subdivision Plan prepared by Hartman
and Associates, Registered Professional Engineers, Camp Hill, Pennsylvania, dated November 1, 1995 and last
revised February 6, 1996 and recorded in Plan Book 72 page 125, as follows, to wit:
BEGINNING at a point on the Southwest side of Wellgate Lane at the boundary between Lots 3 and 4 on said
Plan; thence extending along said boundary South 14 degrees 45 minutes 19 seconds West 143.63 feet to a point
in line of lands of now or late of Maxine Wilder; thence extending along said lands North 67 degrees 45 minutes
0 seconds West 50 feet to a point; thence continuing along said land South 22 degrees 15 minutes 182.16 feet to
a point at the right of way of Main Street (S.R. 0114); thence extending along said right of way North 67
degrees 45 minutes 0 seconds West 108.31 feet to a point oftangency at the comer of Main Street and
Glenfiunan Place; 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 same North
22 degrees 15 minutes 0 seconds East 291.75 feet to a point oftangency at the intersection of Glenfinnan Place
and Wellgate Lane; 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 Southwest side of Wellgate Lane; thence extending along said lane South
67 degrees 45 minutes 0 seconds East 96.53 feet to a point of tangency; thence continuing along the curve
having a radius of 330 feet the arc distance o 43.17 feet to the point and place of beginning.
BEING Lot No. 3 on said Plan.
CONTAINING 45,316.91 square feet.
BE1NG the same premises which Penn 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
11/15/00 ~ 8:14 AM
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File # HAR 125-204 Commitment tt 2K41494
This commitment is invalid unless' the Insuring Provisions and Schedules A and B are attached
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