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Home My WebLink About97-00535 '14flM] BADAL J, SANGHVI, NAINA J, SANGHVI, SANDHYA J. SANGHVI, JAYANTILAL D, SANGHVI, and LEELA J, SANGHVI, Owners , IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO' tj"7 - :J jj IlL I) BR&R design associates. Contractor : WAIVER OF LIENS CONTRACTOR'S WAIVER OF LIENS ,~, THIS AGREEMENT made this .0(, day of .1.111 u "~ ' 1997, between Badal J Sanghvi, Naina J Sanghvl, Sandhya J, Sanghvl, Jayanlllal D ,anghvl, Leela J, Sanghvl ("Owners") and BR&R design associates, a Pennsylvania general partnership, with its offices in 1839 Rudy Road, Harrisburg, Pennsylvania 17104 ("Contractor") WHEREAS, by a duly executed written agreement dated, Junu <Lll1~C ,I'fl~he "Contract"), Owners and Contractor have contracted for the installation, conslruction and completion of certain improvements, all in accordance with the Contract (the "Improvements") on the Property situate in East Pennsboro Township, Cumberland County, Pennsylvania (the "Property"), said Property being more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS, no authorization has yet been given by Owners to Contractor to commence its work or purchase materials for same; and WHEREAS, no work has commenced on the Property and no labor or materials have been delivered to the Property or furnished for the Improvements by Contractor or any sub- contractor or materialman. NOW, THEREFORE. the Contractor. for itself, its successors and assigns and anyone else acting or claiming through or under it, for and in consideration of the Contract and the considerations mentioned therein, and intending to be legally bound hereby, does hereby agree as follows: 1, Waiver of Lien, Contractor hereby waives and relinquishes all rights 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 Owners in the Property as described in Exhibit "A" or the curtilage or curtilages appurtenant thereto. by or in the name of Contractor or by or in the name of 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 work shall look to and hold Contractor personally liable for all subcontracts, 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. Indeoendent Covenant. 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 the said Improvements and as to any work and labor done and materials furnished under the Contract 3. Power of Attornev. In order to give Owners full power and authority to protect themselves. the property. the estate or title of Owners therein, and the appurtenances thereto, against any and all liens filed by Contractor or anyone acting under or through It in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to (i) appear as attorney for it, them or any of them, in any such Court, and in its or their name or names, to the extent permitted by law, mark satisfied of record at the cost and expense of Contractor or of any subcontractor or materialman, any and all lien or liens, filed in violation of the foregoing covenant, or (ii) cause to be filed and served in connection with such lien or liens any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, and to incorporate therein, as part of the record, the waiver contained in this instrument; and for such act or acts this instrument shall be good and sufficient warrant and authority. A reference to the court, term and number in which and where this agreement shall have been filed shall be conclusive evidence of the authority herein to warrant such action, and Contractor, for itself and for them, hereby remises, releases and quit-claims all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. In the event anyone acting through or under contractor shall so file a lien in violation of the foregoing covenant, Owners may not exercise their rights under this Paragraph 3 unless such lien has not been stricken or discharged (by payment, posting of a bond or other means) for a period of ten days after notice of such lien shall have been received by Contractor. 4. Public Notice. This Agreement shall be filed in the Cumberland County Prothonotary's Office as public notice hereof. ALL THAT CERTAIN tract or parcel of land and premises, situate in the Township of East pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Paddock Lane at the intersection of the line of Lots Nos. 5 and 6 on the hereinafter mentioned Plan of Lots; thence along the southern side of Paddock Lane along the line of a curve to the left with a radius of 450 feet, an arc distance of 78 feet to a point at the intersection of Lots Nos. 6 and 7 on the hereinafter mentioned Plan of Lots: thence along said intersection, South 43 degrees 01 minutes 11 seconds East, a distance of 156.31 feet to a point at the line of West Creek Hills: thence along the - - _.-._._~ line of ,West Creek, Hills, South 67 . degrees. 33 minutes ,39 . secondsW~st, a (j,istance of. 106.40.feet to a point at.the'., .... . intersect~on of' Lots Nos. 5 and 6: thence along the intersection of Lots Nos. 5 and 6, North 33 degrees 05 .' minutes 18 seconds West, a distance of 127.56 feet to a point on the southern line of Paddock Lane, the place of BEGINNING. BEING Lot No. 6 on the Plan of Sundown Farm Estates, Phase 1, dated January 19, 1983, recorded March 8, 1985 in the Cumberland County Recorder of Deeds Office in Plan Book 47, Page 60. UNDER AND SUBJECT to the Protective Covenants for Sundown Farm Estates, which Covenants are dated August 30, 1985 and recorded October 4, 1985 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Miscellaneous Book 309, page 1031. . THEREUPON erected brick and vinyl sided two dwelling known as 10 Paddock Lane, Camp Pennsylvania 17011. story Hill, BEI)/G the same premises which Badal Sanghvi, Naina Sanghvi, Sandhya Sanghvi, Priti Sanghvi (now known as Priti A. Hehta), as joint tenants with rights of survivorship, Jayantilal D. Sanghvi and Leela J. Sanghvi, his wife, tenants by the entirety as to each other and joint tenants with rights of survivorship with their children, by deed dated January 22nd, 1992 and intended to be recorded herewith in the Cumberland County Recorder of Deeds Office, granted and conveyed unto Badal J. Sanghvi, Naina J. Sanghvi, Sandhya J. Sanghvi, as joint tenants with the right of survivorship, Jayantilal D. Sanghvi and Leela J. Sanghvi, his wife, tenants by the entire~ as to each other and joint tenants with rights of survivorship with their children. .. C". ( I ~ i ..:J \I " 1.'; C.-I .. " k : 1-. 1._. t., , 1 I I.i p- L_ I , . J , '..L \' r-- - tj , G' () ]' o ".. '~ c:: ri J-o.... '<) --S ~ -)~ Jr ~ ~~~ cJ ~.., o 00 'T