HomeMy WebLinkAbout97-00893
JOYCE W. KEARNS,
Owner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
: NO. 1/~- f tj j /t1 L rJ
J. RICHARD ZEPPA,
Contractor
: WAIVER OF LIENS
THIS AGREEMENT made this IS..J/~ay of F..,),Vl,.H""U{/ , 1997, between
Joyce W. Kearns, of 122 Wheatland Road, Lewisberry, Pennsylvanla ("Owner") and J.
Richard Zeppa, of 440 Old Stage Road, Lewisberry, Pennsylvania 17339-9564 ("Contractor").
WHEREAS, by a duly executed written agreement dated ~ br..aJVo.{/8,/9'17llhe
"Contract"), Owner and Contractor have contracted for the construction of an approximately
2,000 sq. ft. addition to the property located at 4836 East Trindle Road (the "Improvements")
situate in Hampden Township, Cumberland County, Pennsylvania, being more particularly
described in Exhibit "A" (the "Property") attached hereto and by this reference incorporated
herein; and
WHEREAS, no authorization has yet been given by Owner to Contractor to
commence Contractor's work under the Contract or to 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<ontractor or materialman.
NOW, THEREFORE, Contractor, for himself, his heirs, successors and assigns
and anyone else acting or claiming through or under him, 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 Owner in the Property as described in Exhibit "A" or the curtilage or curtilages
appurtenant thereto, whether by or in the name of Contractor or by or in the name of any
subcontractor, materialmen or laborers (or work done or materials (urnished under the
contract or by any other party acting through or under them or any o( them (or 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 and materials furnished under the Contract for and
about the erection, construction and completion of the Improvements, or under any contract
for extra work, change orders 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 (or extra work in the
erection, construction and completion of the Improvements and as to any work and labor
done and materials (urnished under the Contract,
3. Power of Allornev. In order to give Owner (ull power and authority
to protect Owner, the Property, the estate or title of Owner therein and the appurtenances
thereto, against any and all liens filed by Contractor or anyone acting under or through
Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes
and empowers any allorney of any Court of Common Pleas of the Commonwealth of
Pennsylvania to (i) appear as allorney (or Contractor in any such Court, and in Contractor's
name or names, to the extent permilled 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, and/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, 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, (or himself and his subcontractors and
materialmen, hereby remises, releases and quit<laims 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 (oregoing covenant,
Owner may not exercise her rights under this Paragraph 3 unless such lien or liens have 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 or liens shall have been received by Contractor.
4. Eublic Notice. This Agreement shall be filed in the Cumberland County
Prothonotary's Office as public notice hereof.
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