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Home My WebLink About97-05130 n\\I0686b JOHN J. ACITO and FAWN A. ACITO, : IN THE COURT OF COMMON PLEAS Owners : OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 17-- J'/5D A-t L D ROTHMAN, SCHUBERT & REED, Contractor : WA.lVER OF LIENS THIS AGREEMENT madethisJ~ayof c),~" ,1997, between John ,. Acito and Fawn A. Acito, husband and wife, of Cumberland County, Pennsylvania ("Owners") and Rothman, Schubert & Reed, a Pennsylvania partnership, with its offices at 355 N. 21st Street, Camp Hill, Pennsylvania ("Contractor"). WHEREAS, by a duly executed written agreement dated August 25, 1997 (the "Contract"), Owners and Contractor have contracted for the erection, construction and completion of a two story dwelling house all in accordance with the Contract (the "Improvements") on the Property situate in Silver Spring 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 "r 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 aU liens fi led 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 (j) appear as allorney 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 (i1) 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 dction, 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 lot or piece of ground, lying and situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, known as Lot No.8, more particularly described in the Final Subdivision Plan of Rich Valley Manor, Phase II, prepared by Hartman & Associates, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 64, Page 11, more particularly bounded and described as follows, to wit: BEGINNING at a point, said point being located on the Western Right of Way line of the cul-de-sac circle of Carothers Circle at the common front property corner of Lot #7 and Lot #R and being referenced from the end of a curve connecting the Northern Right of Way line of Willow Mill Park Road with the Western Right of Way line of Carothers Circle the following three (3) courses and distances: 1. North 44 degrees 49 minutes 30 seconds West, a distance of 579.84 feet to a point, 2. On the arc of a curve, curving to the ieft, having a radius of 25.00 feet and an arc length of 21.03 feet to a point, 3. On the arc of a curve, curving to the right, having a radius of 50.00 feet and an arc length of 31.07 feet to a point; Thence along Lot #7 of Rich Valley Manor, Phase II, South 45 degrees 10 minutes 30 seconds West, a distance of 386.20 feet to a point at Lot #4 of Rich Valley Manor, Phase II; thence along Lot #4 and a portion of Lot #3 of Rich Valley Manor, Phase II, North 44 degrees 49 minutes 30 seconds West, a distance of 340.63 feet to a point at Lot #2 of Rich Valley Manor, Phase II; thence along Lot #2, North 43 degrees 48 minutes 38 seconds East, a distance of 435.12 feet to a point at Lot #9 of Rich Valley Manor, Phase II; thence along Lot #9, South 44 degrees 49 minutes 30 seconds East, a distance of 290.09 feet to a point on the Right of Way line for the cul-de-sac circle of Carothers Circle; thence along the Right of Way line in a Southern direction on the arc of a curve, curving to the left, having a radius of 50.00 feet and an arc length of 89.52 feet to a point, said point being the place of BEGINNING. CONTAINING 147,921.05 square feet or 3.3958 acres. it EXHIBIT "A" ~@)~ ~ Go. - ~ ~ t... E;" . ~ ::r r~ ~ ~ D ~ ~ ~ c. o c; ..,...t'! "'I" ;~.' 1"i','. r~~('; J?i-=; ..v{; :":J .... ~ 'r) ,., tJ 9. .! r .1f!J "l? ~.~~ ,~j;) ':?n '.:> :-:-t ~lj ~ - ,l) ." .'- r- .. ::;) ,oJ