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HomeMy WebLinkAbout02-0643WAIVER OF RIGHT TO FILE MECHANICS' LIEN T ~ r/~ HIS AGREEMENT is made and entered into this ~____ day of F~t~ 2002, by and between SCHNEIDER AND HIRSCH HOMES, 156 Tuckahoe Road, ! Dillsburg, PA 17019, hereinafter called "Contractor" and ROGER L. AND CONNIE E. WEIBLEY, 302 James Road, Carlisle, PA 17013, hereinafter called "Owners", WITNESSETH: WHEREAS, the Contractor has entered into a contract with the Owners to provide materials and labor necessary for the construction of improvements upon real estate of the Owners as hereinafter described; WHEREAS, Contractor is a contractor within the meaning of the Mechanics' Lien Law of the Commonwealth of Pennsylvania; WHEREAS, Contractor, by this Agreement, has promised, covenanted, and agreed that no mechanics' lien or materialmen's liens shall be filed or maintained against the real estate of the Owners; NOW, THEREFORE, KNOW YE, it is hereby stipulated and agreed by and between the Owners and the Contractor, as a part of the contract between the Owners and the Contractor, and for the consideration therein set forth, as well as other good and valuable consideration to the Contractor in hand paid, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, it is hereby agreed as follows: 1. The Contractor, for itself and anyone else acting or claiming through or under it, does hereby waive and relinquish all right to file a mechanics' or materialmen's lien, or notice of intention to file any lien, and does hereby covenant, promise and agree that no mechanics' lien or any other lien of any kind whatsoever shall be filed or maintained against the real estate of the Owners, by or in the name of the Contractor or any other contractor or subcontractor, materialman, or laborer acting or claiming through or under for work done or materials furnished in connection with any and all contracts between the Owners and the Contractor, or by any other party acting through or under the Contractor for any labor or materials furnished to or upon the real estate of the Owners. 2. This Agreement waiving the right to file a mechanics' lien shall be an independent covenant by the Contractor and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in connection with any and all work to be perfoi-iiied by the Contractor or their subcontractors on the real estate of the Owners. 3. This Agreement shall bind the Contractor, any subcontractor, materialman, or laborer, or any other person furnishing labor or materials to the said Contractor under and pursuant to the contracts between the Contractor and the Owners, and shall be effective to waive any and all right to file any lien, commonly called a mechanics' lien, for work done or materials furnished to the building or real estate or any part thereof of the Owners for any improvements to be made to the Owners' real estate. 4. This stipulation is made and intended to be filed in the Office of the Prothonotary either prior to the commencement of the work upon the ground or within ten (10) days after the execution of the said contract, in accordance with the requirements of the Mechanics' Lien Law of the Commonwealth of Pennsylvania. 5. The Owners of the real estate are Roger L. and Connie E. Weibley. The Property Address is Lot #20, Greystone Acres, Carlisle, Cumberland County, Pennsylvania, and more fully described as the same real estate that Albert C. Kuhn and Edith B. Kutm, husband and wife, by their deed dated ,2002, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book , Page , conveyed unto the Owners, which description is incorporated by reference herein. IN WITNESS WHEREOF, the Contractor, intending to be legally bound hereby, has caused this waiver of mechanics' lien to be executed the day and year first above written. ATTEST: SCHNEIDER AND HIRSiCH HOMES Legal Description Lot #20, Greystone Acres Tax Parcel No. 46-09-0523-072 ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for Greystone Acres consisting of nine (9) sheets prepared by Louis J. Harford, Registered Surveyor, dated June 14, 1996, a copy of which was recorded in the recorder of Deeds, Cumberland County in Plan Book 72, Page 70, which Plan is incorporated herein by reference as follows: BEGINNING at a point on the northern line of 50-feet wide Meadow Drive at the dividing line between Lots Nos. 19 and 20, thence along said northern line of 50-feet wide Meadow Drive by a curve to the left an arc distance of 206.76 feet to a point at the dividing line between Lots Nos. 20 and 21; thence along said dividing line between said Lots Nos. 20 and 21 North 18 degrees 34 minutes 51 seconds West a distance of 408.77 feet to a point in line of land now or formerly of Mary S. Kramer et al.; thence along line of said land now or formerly of Mary S. Kramer et al.; the following two courses in distances: (1) North 63 degrees 53 minutes 33 seconds East a distance of 4.61 feet to an iron pin; and (2) South 76 degrees 59 minutes 47 seconds East a distance of 335.94 feet to a point at the dividing line between said Lots Nos. 19 and 20; thence along said dividing line between said Lots Nos. 19 and 20, South 00 degrees 23 minutes 56 seconds East a distance of 208.37 feet to a poim on the northern line of said 50-feet wide Meadow Drive at the place of BEGINNING. THE ABOVE described tract of land is all of Lot No. 20 as shown on said Final Subdivision Plan for Greystone Acres, recorded in Plan Book 72, Page 70, and contains an area of 2.00 acres, more or less. THE ABOVE described Lot No. 20 is a portion of a larger tract of land which Cleo M. Barrick, widow, by deed dated January 20, 1970, and recorded January 21, 1970, in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book "N", Volume 23, Page 199, granted and conveyed to Albert C. Kuhn, who with his wife, Edith B. Kuhn, are the Grantors herein.