HomeMy WebLinkAbout07-0572
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Law OJ]ices
IRWIN & McKNIGHT
60 West Pomfret Street, Carlisle, Pennsylvania 17013-3222
WAIVER OF LIENS
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THIS AGREEMENT, made and concluded this 01 '1 day of January, 2007, by and between
JEFFREY K. GARMAN AND JENNIFER L. GARMAN. his wife, of 469 Oak Flat Road, Newville, P A 17241,
parties of the first part (hereinafter called Owner),
AND
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JEJjjEREY K. GARMAN, with its principal offices located at 469 Oak Flat Road, Newville, P A 17241, party of the
second part (hereinafter called Contractor).
WHEREAS, the said parties have by a duly executed agreement under seal, dated January 29, 2007 , entered into a
written contract for construction of a single family dwelling located on Lot No 4 Cela Crossings, known as 3144 Ritner
Highway, Penn Township, Cumberland County, Pennsylvania, as recorded in Cumberland County Deed Book 274, Page 892.
NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid
and the consideration mentioned thereunder, as well as the further consideration of One ($1,00) Dollar to him in hand paid by the
Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, 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 said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor,
materialmen or laborers for work done or materials furnished under said contract or by any other party acting through or under
them or any of them for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors,
materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials
furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for
any work done or labor or materials furnished under said contract for and about the erection, construction and completion of said
buildings as aforesaid, or under any contract for extra work, or work supplemental thereto, or otherwise.
AND this Agreement 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 supplemental contract for extra work in the erection,
construction and completion of said building or buildings as to any work and labor done and materials furnished under the
contract aforesaid.
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AND, in order to give the Owner full power and authority to protect himself and the lot or lots of ground against any
and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said
Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common
Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common
Pleas as Attorney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor
or of any Sub-Contractor or Materialman, or Material men, any and all claims or claim, lien or liens, filed by or for the
Contractor, or any Sub-Contractor or Material man, or in his or their name against said building or buildings, lot or lots of
ground or any part thereof and 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 Agreement shall have been filed shall be a sufficient exhibit of the Authority
herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit-
claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in any- wise
touching or concerning the same.
written.
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above
WITNESSES PRESENT:
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