HomeMy WebLinkAbout02-55091N THE COURT OF COMMON PLEAS OF THE 39TM JUDICIAL
DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH
Phillip Q. Byers and
Sheila A. Byers, his wife,
Koser Custom Homes,
Owner
Contractor
MLW 2002 - ,,~,~07
WAIVER OF LIENS
CONTRACT WAIVER RIGHT TO FILE MECHANIC'S CLAIMS
WHEREAS, Phillip Q. Byers and Sheila A. Byers, his wife, hereinafter called "Owner",
and Koser Custom Homes, hereinafter called "Contractor", have entered into or intend to enter
into a certain Construction Contract, wherein the Contractor agrees to furnish, inter alia, all the
labor, materials and services necessary or contemplated of the construction of a single-family
dwelling upon O ' '
wner s property located ~n Cumberland County, Pennsylvania, which property is
more particularly described in a deed recorded in Cumberland County Deed Book Volume 249,
Page 1384, and being known as 1275 Baltimore Road, Shippensburg, Pa., 17257.
WHEREAS, Owner and Contractor have agreed that no mechanic's claim or lien shall be
filed by anyone against said structure, addition or property of the Owner, or any part thereof, for
any work, labor, materials, or services furnished or supplied in connection with said Contract.
NOW, THEREFORE, the Contractor, for himself, his subcontractors and materialmen,
and for those persons whomsoever acting or claiming through or under the Contractor, them or
any of them, intending to be legally bound hereunder, hereby covenants, promises and agrees to
and with the Owner, their heirs, fiduciaries and assigns, as follows:
No lien of any kind whatsoever shall be filed or maintained by the Contractor, or any
subcontractor, materialman, laborer, or any person whomsoever acting or claiming
by, through or under the Contractor, them, or any of them, against said structure,
addition or property, or the curtilage appurtenant thereto, or any portion thereof, for
or on account of any work or labor done or materials or services furnished by the
Contractor, them or any of them, in connection with said Contract; and all
subcontractors, materialmen and laborers on or in connection ~vith said work shall
look to and hold the Contractor solely liable and responsible for all subcontracts,
work and labor performed, and materials and services furnished, so that there shall be
no legal or valid claim of any kind whatsoever against the Owner or against said
structure, addition, property or curtilage for any work done or for any materials or
services furnished under said Contract, or under any revision or amendment thereof,
or under any supplemental or additional contract for extra work or otherwise.
2. The Contractor, for himself and all subcontractors, materialmen, and laborers, hereby
irrevocably authorizes and empowers any attorney of any Court of Common Pleas of
the Commonwealth of Pennsylvania, from time to time, to appear as attorney for the
Contractor, them or any of them, in any of said courts and in the Contractor's, their,
and each of their name or names, as the case may be, to mark satisfied of record, at
their cost and expense, any and all claims and liens filed by or for the Contractor or
any subcontractor, materialman or laborer, against said property or curtilage, or any
part thereof, 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 and where this
Contract shall have been filed shall be sufficient evidence of the authority herein
contained to warrant such action. Said Contractor, for the Contractor, all
subcontractors, materialmen and laborers, and each of them, does remise, release,
~luitclaim and forever discharge all fights and all manner of errors, defects and
:mperfections whatsoever;
.n e.,~nne, ,n2 sucb satisfaction or satisfactions, or in any
way whatsoever touching or concerning the same.
This contract shall be and constitute an independent covenant and shall operate and
be e~fective as well with respect to all work and labor done and materials and
services furnished under any revision or amendment of said Contract or under any
supplemental or additional contract for extra work, although not herein referred to, as
to work and labor done and materials and services furnished under the above
mentioned Contract.
4.
The Contractor hereby warrants that no work or labor, of whatsoever kind or nature,
has as yet been done and that no materials or services whatsoever have as yet been
furnished by anyone, under, towards or in connection with the execution or
performance of said Contract.
5. This waiver shall bind the Contractor and his/its successors and assigns.
IN WITNESS WHEREOF, Owner and Contractor have caused these presents to be
executed this 25th day of October 2002.
OWNER:
OWNER:
CONTRACTOR:
oser Custom~_~s~
Dan Koser