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HomeMy WebLinkAbout94-01777 vs. · Wa.rner l-\o !he.) ~uaJ Co" g4 l,le - - brew E. ~urph\j ahd Mar,,, P. Hurph.~, h's wife, ,', ........~'~-',<~'. DREW E. MURPHY and MARIA P. MURPHY, his wife I I I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. QI../-/777 )IIL-D,f?rm v. . . . . WARNER HOMES INC., General Contractor I <> ('>- '" -. ~~.1 f;\'~':\; , . .~:.~.:.~..' t; 0.> (-~ ~I:;'.~'\ ~ THIS AGREEMENT made this ro-!.!J- day of '=lW9<t l~~~fte~en Drew E. Murphy and Maria P. Murphy, his wife, of Mechanicsbirg, Pennsylvania ("OWner") and Warner Homes Inc., ("Contractor"). . . WAIVER OF LIENS ~ ... -' CONTRACTOR'S WAIVER OF LIENS WHEREAS, by a duly executed written agreement bearing even date herewith (the "Contract"), OWner and Contractor have contracted for the construction and completion of a residence (the "Construction) on the premises known and numbered as Lot '105, The Peninsula, Silver Spring Township, Mechanicsburg, Cumberland County, Pennsylvania (the "Property"), said Property being more particularly bounded and described on Exhibit "A" attached hereto and, by this reference, incorporated herein; and WHEREAS, no authorization has yet been given by OWner to Contractor to commence its work or purchase materials for the same; and WHEREAS, no work has been commenced on the Property and no labor or materials have been delivered to the Property or furnished for the Construction by the Contractor or any sub-contractor or materialmen. NOW THEREFORE, the Contractor, for himself, his heirs and assigns and anyone else acting or claiming through or under him, for and in consideration of the Contract and the considerations mentioned herein, and intending to be legally bound hereby, does hereby agree as follows: L Waiver of Lien. Contractor hereby waives and relinquishes all rights to file a mechanics' lien, claim or notice of intention to file any lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Construction or the estate or title of OWner in the Property as described in Exhibit "A" 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 for and about the Construction 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 under the Contract for and about the erection, construction and completion of the Construction, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. Independent Covenant. This Agreement waiving the right of liens 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 said Construction and as to any work and labor done and materials furnished under the Contract. 3. Public Notice. This Agreement shall be filed in the Cumberland County Prothonotary's Office as public notice thereof. IN WITNESS WHEREOF, the said parties, intending to be legally bound hereby, set their hands and seals dated the day and year first above written. WITNESS: OWNER: DREW E. MURPHY and MARIA P. MURPHY IN WITNESS WHEREOF, my hand and seal. ;t... A:cr hv; J ary Publ1c .' COMMONWEALTH OF PENNSYLVANIA COUNTY OF t"un6. On this, the 6'3!J.. I . . 55. I APRIL day of ~,,~, 1994, before me, the undersigned officer, personally appeared DREW E. MURPHY and HARIA P. MURPHY, his wife, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. My Commission expiresl NOTARIAL SEAL LINDA Ii. l11IVElY. f,',:,... Public HarrisDllrg,o.'upnln Ccun!y, PA My Commission txjJires Dec,15.1997 COMMONWEALTH OF PBNNSYLVANIA I : SSe .. COUNTY OF CUMBERLAND I On thi., the ~-fb._ deyof ~,., / , '''', before me, LInda K ;;'(v~L, , Il Notary Public, the undersigned officer personally appear~ JACK L. WARNER, known to me (or satisfactorily proven) 0 be the individual, who acknowledged himself to be the r~5r;;M-t: of WARNER HOMES, INC., a corporation, and that he as such ~~/~~~' being authorized so to do, executed the foregoing instrument for the purposes therein ned by signing the name of the Corporation by himself as n? 5;&1//1.-1:- . IN WITNBSS WHEREOF, I have seal. hand and official My Commission Expires --' K~ Publ~c NOTARIAL SEAL L1NDAK. TRiVt.lV. f,.:" Public H3rr:~tllrg.I1", {/", r;(,J;;'V, PA My CM:mlsslon Ctplrcs Dec,lS. 1997 I " POLICY NO. D102111CP EXHIBIT A ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with the Major Final Subdivision Plan for The Peninsula (Phase 1), prepared by H, Edward Black & Associates, P,C., more particularly bounded and described as follows, to wit: BEGINNING at a concrete monument on the western right of way line of Gunpowder Road a the dividing line between Lot No. 105 and Lot No, 106; thence along the dividing line between Lot No. 105 and Lot No. 106 North 82 degrees 51 minutes 22 seconds West, a distance of 233,51 feet to an iron pin at the dividin~ line between Lot No, 107 and Lot No. 105; thence along said divid1ng line between Lot No. 107 and Lot No. 105 North 07 degrees 57 minutes 03 seconds East a distance of 205,18 feet to an iron pin along other lands now or formerly of Sample Bridge Associates; thence along said lands the following three courses and distances: (1) on an arc to the left having a radius of 325.00 feet an arc length of 130.59 feet to an iron pin; (2) North 88 degrees 58 minutes 42 seconds East a distance of 58,91 feet to an iron pin; (3) on a curve to the ri~ht having a radius of 25.00 feet an arc length of 39.27 feet to an 1ron pin on the western right of way line of Gunpowder Road; thence along the western right of way line of Gunpowder Road the following two courses and distances: (1) South 01 degree 01 minute 18 seconds East, a distance of 70,00 feet to an iron pin; (2) on an arc to the right having a radius of 575.00 feet, an arc length of 117.02 feet to a concrete monument at the dividing line between Lot N, 105 and Lot No, 106; the point and place of BEGINNING. CONTAINING 1,0390 acres more or less, BEING Lot No, 105 on the Major Final Subdivision Plan for The Peninsula (Phase I) as recorded in the Office of the Recorder of Deeds in and for cumberland Coun~y in Plan Book 65 at page 28, CLTIC Form E80 Page 1 -0 J o~ 'j-~ .::;1 ::t' r ~ .",.. en - ... 0- 00: ~>- -co- ._x """,:'1--- ~:.cVZ ~(:1U:c .&..:1':0';- rl'~ ;r.--' , .. -i >-~ , ,'_ IV' ,~r _ i.. z, , . J I~J X. .'. _, "U~.J ;:..r.fl.. I..~ o ~ 't ~ -;:) C - ~ ::c ~ N Pl M r-- ~ IV) :t" \X) ~ J.