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HomeMy WebLinkAbout06-6013 ~;pulal1'o~s Against Liens JAMES W. WOLF, JR. and ANGELA C. WOLF SEPTEMBER 29, 2006 3Jn tbe <!Court of <!Common ~Ieas <!Countp of Cumberland , Pennsylvania Owner ClaypoollIIffiday, LLC Docket Number (J~- (oD/3 MI.D Term 20 ~t, Contractor Page Number Wbereas, Claypool III/Tiday, LLC ("Contractor") of , has entered into a contract with JAMES W. WOLF, JR and ANGELA C. WOLF ("Owner") of 12 Countryside Drive, Carlisle, PA 17013, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 109 Farmhouse Lane, Carlisle, PA 17013Middlesex Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which JAMES W. WOLF, JR and ANGELA C. WOLF are the title holder of record; and Wbereas, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. jliow, mbis ~greement Witnessetb: That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any part hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. ~nb this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the building as well as to any work and labor done and materials furnished under the contract aforesaid. ~nb, in order to give the Owner full power and authority to protect Owner and the building, improvements and lot of ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name of anyone or more of them against the building, improvements, lot 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 this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the same. Witness our hands and seals the day and year aforesaid. Signed and sealed in the presence of: ~L4;~ AMES W. WOLF, JR. ~ ~ ~. 0/ A ELAZ WOLF ~ eLA YPOOL III,!IP~, LL.C . ./1,.. / By / 1~li...t-/~ ' l (./ \...--- '__0' LEGAL DESCRIPTION '" '" .\Il that certain tract of land sitcatcd in ~...riddlesex Township. Cumber:and County, PA, being Lot ~o. 10Q. as shown on .1 plan enti:~cd, ":\Ieado\\brook Famls: Final Subdivision Plan Phac;e IV" dated SeptcmJcr 24. 2004, by PennT erra E,lgineerir.g. Inc., State College, P A. being bounded and described as fclJO\vs: Bcginnir.g at an iron pin. being a sou~herly cnmer of Lot )fo. 108 and lying in a westeriy R: W li:1e of FanllhO~JSc Lane (50'R-\\FI: tl:ence along said R/\V, along a curve to the Ieft having a chord bearing ofS4()'J59~J8'-E, a chord distance of60.28 feet. a radius of 60.00 feet and an arc length of63.16 feet to an iron p:n. lyir.g in a southerly line of said R;\\' and being a northerly corner of Lot No. ] 10: thence alung said lot S 12051'02"W, 217.47 teet to an iron pin, being a westerly corner of said lot and a l1flrtherfy corner of Future Lands: th~nce along said lands N47~03' 42"W, 2 78.97 feet to an iron pin, lying in a northerly comer of said lands and being a southerly comer of Lot 'l'o. 108; thence along said Jot N73"09'43"E, 217.35 feet to an iron pin, reing the place ofbeginnirg, containing 0.725 acres. Lot No. ] 09 is subject to a 10' utility/sidewalk easement along its street frontage, a 50' w:de Mobile Pipeline R'W and a 60' wide Laurel Pipeline R,W traversing through its southerly boundary. BEING the same premises which Pamay Development Co., Inc.. a Pennsylvania Corporation by their Deed dated September 26, 2006 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto James W. Wolf, Jr. and Angela C. Wolf, husband and ,vlfe, tilortgagors herein. Schedu:e A - P3ge 2 Commitment No 28175WOLF ThI5:cmm,tment ,5 In',ahd 'Jr.!ess the !nformatlcr. Sr,eet In,j Schedules A dfld B Jre Jtt3cnAd '" ~ ""- ~ -t. \> \N -S::- ~ - \' ~, ~ ~ .~ ~ -c.. ~ p ~ ~ " ~ ~ ('0, - ~ ~ tS'- 1- ~ 4- ~I ,.., . ~,i ::;:J -..-"; (.,) -,'~ C".) " ..~ ~6 :< c:.