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HomeMy WebLinkAbout95-01291 ::r d I \-\e"f"'I ~ - "1.\,)",0\ o.nd \jnc.>>.. j- t:.U'(\c.h d ~~\ Go()d\\~ JIll ~ v. ~~ .~ ~ ~ ~ ;. ..:>- -( ~ ~ gut; , j ...... ~J" ..I . c.."._ ~ ~j:~:gJf <>; '. = 3: -..r <:> .:r <::::> - I,. .., \,)..... .. \. ~ l' ~ ~ I ~ \ ~ ~ ~ .. .' ~ . . ~ .~ ~ ~ ~ ~ it . r_ I -;. . " CONESTOGA TITLE 1~8URANCB CO" "gellll J\lI,~tr(lelillg COllllmllY II}' I)l/i,111Iill C/IIl/lly /7111 N. 1'111111 Slw,,1 1I;IIIiohuIA, 1',\ 171lJ~ ~ j . r' " I ...~ . , " I' f/.1- I~'ll 1/1 t. /J WMVI;R OF Ll~N~ nlls AGREEMENT made this lOth day of MarcIl. 1995. between Henry V, Zuvich and Linda J, Zuvich of Harrisburg, PA ("Owner"), and Russel Goodling of Camp 11111, PA, (hereinafter called "Contractor"), , THE BACKGROUND of this agreement is as follows: A, By a written a~reement or agreements which have been or are about to be executed (the "Contract ') Owner and Contractor have contracted for the erection. construction and completion of home the ("Improvements") to be erected on real estate descri bed in Exhi bit "A" attached (the "Property"), B, By the terms of the Contract, Contractor has covenanted. promised and agreed that no mechanics' or materia1men's lien or claims would be filed or maintained in the Property or any part thereof, or the curtilage or curti1ages appurtenant thereto. either by himself or anyone else for or on account of any work. labor pr 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 Improvements on the Property or any of the curtllages appurtenant thereto, " NOW THIS AGREEMENT WITNESSETH: 1. The contractor. for himself 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 curti1ages 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 Improvements or the Property or any part thereof. or on credit thereof, and that all subcontractors. materialmen, and laborers on the wor~ shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done, so that there shall nor be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under the Contract for and about the erection, construction and completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise, 2, Thi s agreement wai vi ng the ri ght of 1i en shall be an independent covenant and shall operate and be effective as well with respect to work done and materi a 1 s furni shed under any supp 1 ementa 1 contract for extra work in the erection. construction and completion of the Improvements as to any work or labor done and materials furnished under the Contract, " . " 3, In the event Contractor cons I sts of more than one person, fi rm or corporati on. the undertakings hereunder of each of such persons. f1 rms 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 WHEREOF. the said parties have hereunto set their hands and seals dated the day and year first above written. WITNESSES PRESENT: (SEAL) (SEAL) (SEAL) ~ \ . Legal Description ALL THAT CERTAIN piece or parcel of land situate in East pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southwestern line of Woburn Abbey Avenue, at the corner of Lot L-12; thence along the line of Lot L- 12, South 32 degrees 31 minutes 34 seconds West, a distance of 114.71 feet to a point; thence North 67 degrees 15 minutes 00 seconds West, a distance of 151.62 feet to a point at the eastern line of Country Club Road; thence along Country Club Road by a curve to the right having a radius of 280.00 feet, an arc length of 37.65 feet to a point; thence continuing along same, North 10 degrees 50 minutes 00 seconds East, a distance of 46.30 feet to a point; thence by a curve to the right having a radius of 20.00 feet an arc length of 32.35 feet to a point on the southern line of Woburn Abbey Avenue; thence along same, South 76 degrees 30 minutes 00 seconds East, a distance of 51.24 feet to a point; thence by a curve to the right having a radius of 375.00 feet, an arc length of 124.63 feet to a point, the point and place of BEGINNING. CONTAINING 0.455 acre. BEING LOT L-11 as shown on the final subdivision plan of Floribunda Heights, Phase I, Section V, and recorded in Cumberland County Recorder of Deeds Office in Plan Book 46, Page 4-B.