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HomeMy WebLinkAbout00-04823 ~n <-.-c-,. - ',,-- . " IN THE COURT OF COMMON PLEAS OF THE 91H JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Jerry B. Rosenberry and Donna B, Rosenberry, his wife, Owner MLW 2000 - 41..< 3 Mt..)) RP Construction, Inc., Contractor WAIVER OF LIENS CONTRACT WAIVER RIGHT TO FILE MECHANIC' CLAIMS WHEREAS, Jerry B. Rosenberry and Donna B. Rosenberry, his wife, hereinafter called "Owner", and RP Construction, Inc., 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 conteIllplated of the construction of a 2,800 square foot Cape Cod Home upon Owner's property located in Cumberland County, Pennsylvania, which property is known as Lot 2 and Lot 4 Whibner Road, Shippensburg, Pennsylvania, WHEREAS, Owner and ContJractor have agreed that no mechanic's claiJn 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, theIll or any of theIll, intending to be legally bound hereunder, hereby covenants, promises and agrees to and with the Owner, their heirs, fiduciaries and assigns, as follows: L 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 claiJning by, through or under the Contractor, them, or any of theIll, against said structure, addition or property, or the curtilage appurtenant thereto, or any portion 1hereof, for or on account of any work or labor done or materials or services furnished by the Contractor, theIll or any of them, in connection with said Contract; and all subcontractors, materialmen and laborers on or in connection with 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 claiJn 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 suppleIllental or additional contract for extra work or otherwise. 2. The Contractor, for himself and all subcontractors, materialmen, and laborers, hereby irrevocably anthorizes and eIIlpowers any attorney of any Court of Common Pleas of '" , ~".'~:::, "I 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 flIed 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, tenn 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, quitclaim and forever discharge all rights and all manner of errors, defects and imperfections whatsoever in entering any such satisfaction or satisfactions, or in any way whatsoever touching or concerning the same, 3. This contract shall be and constitute an independent covenant and shall operate and be effective as well with respect to all worl<: 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 WITNE&S WHEREOF, Owner and Contractor have caused these presents to be executedthis...3Q......:.U(layof O~ .2000. O~;3.LL( ~~ ;:t!.,' "e%"E:.' <He By: ,.J ~... j ~ , r - - ~,*",,,,,,,~.....'tBiMiIIi~ ~....~~~_,. "=~~M~a!l~~ilimi4AI~" "'DjW"~'.~~"-' ~ ~.~ Iii; T , ." Q 0 C> C) ~, P c 0 -'n s: !..- -, -OtD c: -- mrn r ,~E\ ~ z--q I -C) Zr- ....J ._1'.....( - end?: :':},~?; ~ ,...... ( "<:/ ':20 J,~' .)..--n ~ ::;1,::' '~2(~ ~ - ~c ,.:.- r-n --- --0 -. 0, ~ ~ Q :Pc: .. ~ ~ 55 """" J: :.< It<