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HomeMy WebLinkAbout97-06863 11101Q2 JON H. DURHAM and YVONNE R DURHAM, : IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY, PENNSYLVANIA Owners v, NO. 9"'/- t,f~,.j f?lJ....jJ '7~ru') STEVEN BOl.lINGER, Contractor : WAIVER OF LIENS f;ONTRACTOR'S WAIVER OF f,.IENS THIS AGREEMENT made this:S4t:- day of /'('t"',,,..(~,-,, , 1997, between Jon H. Durham and Yvonne R. Durham, husband and wife, residing at 1010 Hemlock Lane, Enola, Pennsylvania 17025 ("Owners") and Steven Bollinger, of 5013 Bass Lake Dr., Harrisburg, Pennsylvania 17111 ("Contractcr"). WHEREAS, by a duly executed written agreement dated November 13,1997 (the "Contract"), Owners and Contractor have contracted for the installation, cnnstruction and completion of the basement as a recreational room, 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 givon by Owners to Contractor to commenco the 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 himself, his heirs 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 intanding to be legally bound hereby, does hereby agree as follows: 1, W~~f!!..9.t 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 covanant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whalsoever shall be filed or maintained against the Improvements or the estate or tille of Owners in the PlOperty as described in Exhibit "A" or the curtilage or curtilages appurtenant thereto, by or in the narnl' of Contractor or by or in the name of any subcontractor, materialmen or laborers for work clone or materials furnished under the contract or by any ot~ler 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 completlcn of the Improvements, or under any contract for extra work, or fcr work supplemental thereto, or otherwise. 2. Indeoendent Coven an!. 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 Allornev. In order to give owners full power and authority to protect themselves, the property, the estate or tille of owners therein, and the appurtenances thereto, against any and all liens filed by Contractor or anyone acting under or through him In violation of the foregoing covenant, Contractor hereby Irrevocably authorizes and empowors any attorney of any Court of Common Pleas 0/ the Commonweallh of Pennsylvania to (I) appear as attorney for him, them or any of them, In any such Court, and In his 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 InstrumElnt previously filed by him 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 himself 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 stricksn 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 ( " j () (~ 0 =<' ", IJ- ~ ~ ~ B ~~ ~ , c:J d t. t:>"..