HomeMy WebLinkAbout12-2679Prepared By: T.A. of Central PA, LLC
Return To: T.A. of Central PA, LLC
ATTN: Abby Wendel
530 North Lockwillow Avenue,
Harrisburg, Pennsylvania 17112
717-724-3724
38-08-0565-189
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File No. CEN154-366
Date: April 30, 2012
WAIVER OF LIENS
THIS AGREEMENT made and concluded on April 30, 2012 between Dawn M. Huynh and Linh
Hoang, as tenants by the entireties, party of the first part (hereinafter called Owner), AND Haubert Homes, Inc.,
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 consent for the erection, construction and completion of Lot 114 Walnut Point Phase III,
Silver Spring Township, Cumberland County, State of Pennsylvania to be erected on (see legal description
attached).
WHEREAS by the terms of the contract aforesaid the Contractor covenanted, promised and agreed that no
mechanics' 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 any supplemental contract or 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 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 ($1.00) Dollar to
him in hand paid by the owner at or before the selling and delivery of these presents, the receipt whereof is hereby
acknowledged, 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 said building or buildings or the curtilage or the
curtilages appurtenant thereto, by Contractor or by any sub-contractor, materiahmen 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 and 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 convenant 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 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 himself 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 himself, themselves, itself, hereby irrevocably authorizes and empowers
any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or
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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 Sub-Contractor or Materialman, or
Materialmen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or
Materialman, or in his or their name against said building or buildings, 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 reference 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 himself, themselves, itself, do hereby remise, release and
quit-claim all rights and all manner or errors, defects and imperfections whatsoever in entering such satisfaction or in
anywise touching or concerning the same.
IN WITNESS WHEREOF the said parties have hereunto set their hands and seals dated the day and year
first above written. \
WITNESSES PRESENT:
L)
(SEAL)
SEAL)
WHEN FILING, MUST BE CROSS-INDEXED
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of Haube- omes, Inc.
Legal Description
File No. CEN154-366
ALL THAT CERTAIN Tract or Parcel of land, located in Silver Spring Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit;
BEGINNING at a point on the northern right-of-way line of Stone Run Drive, said point being located at the
terminus of a curve connecting the eastern right-of-way line of monarch Lane with the northern right-of-way line of
Stone Run Drive; thence from said point of Beginning by the northern right-of-way line of Stone Run Drive by a
curve to the right, having a radius of twenty-five feet ( R= 25.00'), an arc distance of thirty-nine and twenty-seven
hundredth feet
(AIL = 32.27') to a point, thence by the eastern right-of-way line of Monarch Lane North thirty-four degrees,
twenty-six minutes, thirty seconds (N 34° 26'30" E), a distance of one hundred twenty-five feet ( 125.00') to a point;
thence by land now or late of Albert A. Demao being Lot No. 14 on the plan of "Cicada Hill", also known as Silver
Meadows as recorded in Plan Book 62 Page 70, South fifty-five degrees, thirty-three minutes, thirty seconds East
(S 55° 33'30" E), a distance of one hundred feet ( 100.00 ) to a point; thence by Lot No. 113, South thirty-four
degrees, twenty-six minutes, thirty seconds West ( S 34° 26'30" W ), a distance on one hundred fifty feet ( 150.00')
to a point' on the northern right -of-way line of Stone Run Drive; thence by said right-of-way North fifty-five
degrees, thirty-three minutes, thirty seconds West (N 55° 33'30" W ), a distance of seventy-five feet (75.00') to a
point, the place of BEGINNING.
BEING ALL THAT CERTAIN lot in the property known, named and identified in the Declaration, referred to
below, as " Walnut Point Phase III, a Planned Community," located in Silver Spring Township, Cumberland County,
Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned
Community Act, 68 Pa.C.S.A. §§ 5101 et seq., as amended, by the recording in the Office of the Recorder of Deeds
of Cumberland County, Pennsylvania, the Declaration for Walnut Point Phase III, a Planned Community, a
Residential Planned Conummity ("Declaration"), dated July 27, 2007, recorded July 31, 2007, in the Office fo the
Recorder of Deeds of Cumberland County in Miscellaneous Book 738, Page 4728, and designated in such
Declaration as
Lot No. 114 ( Identifying Number), described in Section 2.2 of Declaration, and shown ( and described ) in Exhibit
B of the Declaration.
Walnut Point Phase III, a Planned Community, persuant to the Third Amendment and Restatement of Declaration for
Walnut Point, a Flexible Planned Community, dated November 4, 2011 and recorded February 22, 2012 in the
Office of the Deeds in and for Cumberland County, Pennsylvania to Instrument Number 201205294, merged with
Walnut Point, the Surviving Community.
BEING Lot No. 114, Final Subdivision Plan for Walnut Point Phase III dated May 9, 2005, last revised August 3,
2006, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 93, Page
73.
Being County Parcel Number 38-08-0565-189
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