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HomeMy WebLinkAbout14-4142 R I � MUD U'r T H E P j 0 ti 0 NI 0 TA R'i RESIDENTIAL BUILDING 20,14 JUL 16 PPI 1: 5 S (LESS THAN ONE MILLION DOLLARS) CONTRACTORS WAIVER OF LIENS CUMBERLAND COUNTY (49 P.S. 1402) PENNSYLVANIA THIS AGREEMENT made and concluded this day of July, 2014, between JANICE M. ALLEN and STEVE E. ALLEN, her husband, of Shippensburg, Pennsylvania (the "Owner") and CRAIG ALLEMAN CONSTRUCTION, INC., of 11025 Spring Ridge Road, Shippensburg, Pennsylvania(the "Contractor"). THE BACKGROUND of this Agreement is as follows: A. By a duly executed written agreement (the "Contract") Owner and Contractor have contracted for the erection, construction, alteration or repair of a residential building with a contract price of less than one million dollars (the "Improvement") to be erected on real estate described in Exhibit"A" attached (the "Property"), which has an address of 47 Mountain Lane, Newburg, PA 17240. B. By the terms of the Contract, Contractor has covenanted, promised and agreed that no mechanics' or materialmen's liens or claims would be filed or maintained in the Property or any part thereof, or the curtilage or curtilages appurtenant thereto, either by himself or any subcontractor, or anyone else for or on account of any work, labor or materials supplied in the performance of the Contract, or under any supplemental contract or for extra work, in the erection, construction or completion of the Improvement on the Property or any of the curtilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: 1. The Contractor, for himself or any subcontractor, and anyone else acting or claiming through or under him, for and in consideration of the Contract and the considerations mentioned therein, 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 Improvement 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 Q� a� C,Ic. F j 33(a Rik- 36�s o £ a done, so that there shall not be any legal or lawful claim of any kind whatsoever against Owner for any work done or labor or materials furnished under the Contract for and about the erection, construction and completion of the Improvement, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. This Agreement waiving the right of lien (as provided for in 49 P.S. §1402) 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 Improvement as to any work and 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 WHERE OF the said parties have hereunto set their hands and seals dated the date and year first above written. OWNER: J ce . Alle SteVE. Allen CONTRACTOR: CRAIG EMA;CONSTRUCTION, INC. By. Name: Craig D. Alleman Title: President COMMONWEALTH OF PENNSYLVANIA: : ss. COUNTY OF mbevi" On this the 101 day of , 2014, before me, the undersigned officer, personally appeared JA ICE M. ALLEA and STEVE E. ALLEN, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged the foregoing deed to be their act and deed and desired the same to be recorded as such. WITNESS my hand and official seal the day and year first above written. Seal Notary Public NOTARIAL SEAL TRICIA L BAILEY Notary Public SHIPPEMy Com mB Commission sion Epies Sep 24.2014 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF wry ber (0J On this thet�t day of 2014, before me, the undersigned officer, personally appe •ed CRAIG D. ALLEMAN, who acknowledged himself to be the President of CRAIG ALLEMAN CONSTRUCTION, INC., a Pennsylvania Corporation, and that he as such President,being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as its President. IN WITNESS WHEREOF,I hereunto set my hand and official seal. r (SEAL) Notary Public NOTARIAL SEAL TRICIA L BAILEY Notary Public SHIPPENSBURG BOROUGH,CUMBERLAND COUNTY My Commission Expires Sep 24,2014 EXHIBIT "A" ALL the following described real estate lying and being situate in Hopewell Township, Cumberland County,Pennsylvania,more particularly described as follows: BEGINNING at an existing iron pin in stones on line of land now or formerly of Richard Druitt heirs; thence by the same, South 37 degrees 22 minutes 3 seconds East 396.96 feet to an iron pin; thence by the same, and in the same direction 14.43 feet to an iron pin in a certain dirt roadway;thence along the said dirt roadway, and by lands to be conveyed to Alan F. Bitting, South 65 degrees 29 minutes 41 seconds West 341.6 feet to an iron pin; thence along a certain ten-foot dirt road and by lands now or formerly of John C. Koser,North 68 degrees 18 minutes 8 seconds West 225.12 feet to an iron pin; thence by the same, North 21 degrees 10 minutes 58 seconds West 315.49 feet to an iron pin; thence by the same, North 6 degrees 8 minutes 38 seconds West 97.56 feet to an iron pin; thence by lands now or formerly of William Heberlig, South 87 degrees 33 minutes 21 seconds East 403.89 feet to an existing iron pin in stones, the place of BEGINNING. CONTAINING 4.561 acres, as per survey of W.L. Arrowood, R.S., dated January 29, 1973. TOGETHER WITH a right of passage in said Grantee, her heirs and assigns, in common with Grantor, their heirs and assigns, over a certain 10-foot dirt road between the above-described property and property conveyed to John C. Koser and wife, and over a certain dirt road running in a north-south direction from the base of the mountain to the above-described tract. BEING the same premises which Helen Kent, widow, by her Deed dated July 1, 2011 and recorded July 5, 2011, in the Office of the Recorder of Deeds, in and for Cumberland County, at Instrument Number 201118674, granted and conveyed unto Janice M. Allen and Steve E. Allen,her husband,Mortgagors herein.