HomeMy WebLinkAbout95-05312
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1110 . -feJ .
BIW\N ~ and
JOl\NN ~, his wife,
owner/Plaintiff,
: IN THE CXXlRl' OF ~ PLEAS OF
ClIoIBERLAND ~, PmNSYLV1lNIA
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: MEX:llANIC' S LIEN WAIVER
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S & A alS'ltM IDlES, :
COntractor/Defendant:
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'mlS l\GREEMENl' made
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and concluded this ~ day of
, 1995, betwech Brian Scherrer and JaAnn Scherrer, his
wife, of MechanicllbuIg, Pennsylvania ("owner"), and S & A CUstan Hales
of CaIlp Hill, Pennsylvania ("COntractor").
THE Bl\CKGROOND of this J\qre<:flle:ut is as follows:
A. By a duly executed written agreanent bearinJ even date
herewith (the "COntract") owner and COntractor have contracted for the
erection, coostruction and catpletiCl'l of a residence (the "IJrprove-
menta") to be erected CI'l real estate described in Exhibit "A" attached
(the "Property").
B. By the te:ans of the Contract, COntractor has covenanted,
pranised and aqteed that no nechanics I or materi ..1"'E'''' s lien or claims
\tOll.d be filed or maintained in the Property or any part theJ:eof, or
the curtilage or curtilages ~ thereto, either ~ himself or
anyone else for or CI'l accwnt of any work, labor or materials SUR>lled
in the performance of the Contract, or under any supplE!\lelltal contract
or for extra 1iIIOrk, in the erection, construction or c::att>letion of the
InproveItents on the Property or any of the curtilages appl1rtenant
thereto.
1m THIS J\GREEMENl' Wl'mESSm'H:
1. The COntractor, for himself and anyone else acting or
claiming thro.1gh or under him, for and in consideratioo of the con-
tract and the considerations nentioned therein, and inteOOing to be
legally boond hereby, does hereby waive and rel.irquish all right to
file a mechanics' lien, claim or notice of intention to file any lien
or claim, and does hereby covenant, pranise and agree that no nechan-
ics I lien or claim or other lien or claim of any kind whatsoever shall
be filed or maintained against the IIlprovements or the estate or title
of CMner in the Prqlerty or the curtilage or curti1ages appl1rtenant
thereto, by or in the naI\"e of Contractor or any subcontractor, ma-
teri.alnen or laborers for work done or materials furnished under the
Contract or by any other party acting throogh or under them or any of
them for and about the InproveItents or the Prqlerty or any part
thereof, or on Cl-edit thereof, and that all subcontractors, ma-
teri.alnen, and laborers 00 the work shall look to and hold ContrlIctor
persooally liable for all subcontracts, materials furnished and work
and labor done, so that there shall not be any legal or lawful claiJn
of any kind whatever against CMner for any work dooe or labor or
materials furnished under the Contract for and aboot the erectioo,
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construction and c:arpletion of the Inprovements, or under any contract
for extra work, or for work supplenental thereto, or otherwise.
2. 'fuis 1\qreeIIeht waiving the right of lien shall be an
independent covenant and shall operate and be effective as well with
respect to work done and materials furnished under any supp1arental
contract for extra work in the erection, constructioo and COIpletion
of the ~ts as to any work and labor done and materials
furnished under the COntract.
3. In the event COntractor consists of Ilm'e than one
person, finn or corporation, the undertakinqs hereurvier of each of
such persons, fiJ:ms or corporations shall be joint and several, and
the word "COntractor" shall mean all or sane or any of them. For
'purposes of this J\grt:anent, the singular shall be 1e ,.,a to include
the plural, and the neuter shall be II, :lIbl to include the .....'n'line
and feminine, as the context may require.
IN Wl'lNESS WIu:iJ<ru." the said parties have hereunto set their
hands and seals dated the day and year first above written.
Wl."mESSES l-~:
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(SIW.)
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LEGAL DESCRIPTION
ALL THAT CERTAIN piece or percel of lend situate in SlIvar Spring Township, Cumberlend County, Pennsyivania,
more particularly bounded and described In accordance with Subdivision Plan No. 2 prapared by Walker
Associates, Professionals Engineers, which said subdivision plan Is recorded In the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania in Plan Book 64, Page 94, as follows, to wit:
BEGINNING at a point on the northern slda of Enck Circle et the southeast corner of Lot 6 on the hereinabove
mantioned subdivision plan; thence along the eastern line of said Lot 6, North 8 degrees 27 mlnutas 00 seconds
West 551.00 faet to a point; thence along tha southern line of Lot 8 on tha hareinabove mentionad subdivision
plsn, North 81 dagreas 33 minutes 00 seconds East 260.00 feet to a point; thence along the wastern line of Lot
7 on the hereinabove mentioned subdivision plan, South 8 degrees 27 minutes 00 seconds East 651 ,00 feet to
a point; thance along the northern aida of Enck Circle, South 81 degrees 33 minutes 00 seconds West 260,00
feet to a point, the place of BEGINNING.
BEING Lot 6 on the hereinabove mentioned subdivision plan and containing 3.16 acres, more or less.
BEING THE SAME PREMISES which Timothy A, and Susan Wiest by deed datad June 3, 1993 and recorded Juna
4, 1993 In the Recorder of Deeds in and for Cumberland County. Pennsylvania In Deed Book I, Volume 36, Pege
79 conveyed unto Brian and Joann Scherrer.
EXHIBIT "A"