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HomeMy WebLinkAbout95-00219 JI ~ /e; 11.\Uilo KLARE S, SUNDERLAND and LEA R, SUNDERLAND, hUlband and wite, 1 IN THE COURT OF COMMON PLEAS I OF CUMBERLAND COUNTY, PENNSYLVANIA I I : No. ql;. ,1/1/' : 10 1>1' III .-t, I ~u,itf I WAIWR OF Owner. V, (IlL f) ~"~. rl jI /1((.,'1 ,"; t'u. ,)11<11 LIENS GLENN D. LIVELSBEROER, INC., tla Heritage Builder" Contractor . .;,.', t.; ~ONTRACTOR'S WAIVER Or LIEN$ _ t11 THIS AGREEMENT made this I'J~ day of JanuU'y, 1995, between KLARE S, SUNDERLAND end LEA~8UNDERLAND, husband and wife, of Hampden Township, Cumberland County, Penn'rlVeni. I "Owner") and GLENN 0, LIVELSBEROER, Inc., t/a Heritage Bu lder" (" Contractor") . WHERIAS, by a duly executed written agreement dated January ID , un (the "Contract"), Ownera and Contractor have contract~for the erection, construction and comrletion of a two story rllid,nee ("ImprOvemlnts") at Lot 102, peninsula Subdivi,ion, Silver spring Town.hip, Cumberland County, Pennsylvania (the "property"), said Property being more particularly described in a de.d r.cordld on April 1', 1'94 in th. OffiCI of the Rlcord.r of Oe.dl in and for Cumberland County, Pennsylvania, in Book 104 at Page 121, a photocopy of the legal d..cription of which i' attached hereto a, Exhibit "A" and, by this rer.renCI, incorporated h.r.in, and "'"lUtEAl, no authoriution hu yet been 9iv.n by Own.ra to Contractor to comm.nc. it' work or purch.se materials for ,ame, and WHKRIAS, no work h.. commenc.d on the Propert,y and no labor or mattrhll hive beln dlUvend to the Property or furnished tor the Improvement. by Contractor or any .ub.contractor or mat.rlalmen/ and NOW THEREVOR$t, the Contractor, tor It.el!, its luce.non and ...19n. and anyone .1.. acting or clalmlng throu9h or under it, tor and in con.lderation ot the Contract ao4 the coneld.rationa ~.ntloned therein, and intendinu to b. l'9al1y bound h.r.by, do.. tln.by lure. .. tollOW'l ' 1. rai<<pr of Liel}. Contractor hereby waiVeI and relinquishe. al rights to file a mechanic.' lien, claim or notice of intention to file any lien or claim and doe. hereby covenant, promi.e and agree that no mechanic.' lien or claim or other lien or claim of any kind what.oever shall be filed or maintained against the Improvements or the eat ate or title of Owners in the Property ae ducr1bed in Exhibit "A" or the curtilage or curtilage. appurtenant thsreto, 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 othsr party acting through or under them or any of them for and about the Improvements or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen and laborers on the work ahall look to and hold Contractor peraonally liable for all subcontracts. materials turnished under the Contract for and about the erection. construction and completion of the Improvements, or under any contract for extra work, or for work .upplemental thereto, or otherwile. 2. Independ,nt ~ovenant. This Agreement waiving the right of lien .hall be an independent covenant and shall operate and b. effective as well with re.pect to work don. and material. furnished under any suppllmental contract for extra work in the erection, con.truction and completion of the .aid Improvement. and a. to any work and labor done and materialll flrni.hed under the Contract. 3. ~Ublic Not,1c,. Thh Agreem.nt shall be f Hed in the Cumberland County prothonotary'. Office all public notice hereof. IN WITNESS WH&RI!:OF, the uid partin, intending to be legally bound hereby, aet their handll and .ealll dated the day and year first above writt.n, OWNIi:RSl (SKALI (SRALI ATTEST I conTRACTOR I OLENN D. LIVELSJE OIR, INC. t/. Ug~ jJ~~ U111t /t) 'YI ;~ I. , .rJ;f9~~~r~lYd.nt lAttin' hOfelary IIllAt.1 -