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HomeMy WebLinkAbout03-1629 MECHANICS LIEN WAIVER THESE KNOW BY ALL PRESENTS, that: ?Z~, .d~3 - /~' '~ ~ /~/' ''~ ~ BACKGROUND MARGARET B. JAMES (hereinafter, the "Owner") and W. LEE ROLAND, with an address at 101 Windrush Ln., Mechanicsburg, PA 17055 (hereinafter, the "Contractor") have entered into an agreement dated April 9, 2003 (the "Agreement") relating to construction services to be rendered in connection with the construction of a single family residence upon the following described real estate, as part of the consideration for which Agreement this Release and Waiver of Liens is given: Lot 47 in Witney Ridge P.R.D., a Planned Community, located in Upper Allen Township, Cumberland County, Pennsylvania, as shown in Final Development Plan for Witney Ridge Planned Residential Development Phase I, dated September 17, 1999, last revised October 13, 1999, recorded in the Office of the recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 80, Page 64. AGREEMENT NOW, THEREFORE, Contractor, intending to be legally bound hereby, in consideration of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt and sufficiency of which are hereby acknowledged, as well as for and in consideration of the entry by Owner into the Agreement, for Contractor and any and all parties acting for, through or under Contractor, them or any of them, or any one, covenant and agree with Owner that: 1. No mechanics' liens or claims shall be filed or maintained by Contractor, them or any of them, or any one, against the above-described real estate, or the buildings or other improvements to be erected thereon, or any of them, or the estate (including a leasehold estate), interest or title thereto of Owner, for or on account of any work done under said agreement or under any supplemental contract, verbal or written, or contract for extra work relating to the construction of the residence or other improvements, or any of them, or otherwise; and Contractor, for Contractor and any and all parties acting through or under Contractor, them or any of them, hereby expressly waives and relinquishes the right to have, file or maintain mechanics' liens or claims against said real estate or buildings or other improvements or any of them. 2. Contractor, for himself and his, heirs, successors and assigns, does hereby release and waive any rights he may now or hereafter have to file or maintain mechanics' liens or claims against the above described real estate, or buildings or other improvements to be erected thereon, or any of them, or the estate, interest or title thereto of Owner, for or on account of any work done prior or subsequent to the date hereof in connection with construction of such buildings or other improvements. 3. This agreement releasing and waiving the right of lien shall be an independent covenant and shall operate and shall be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the construction and completion of the said buildings or other improvements as to any work and labor done and materials furnished and relating to the Agreement aforesaid. 4. In order to give Owner and any person having an estate in the above-described property (including a leasehold estate) full power and authority to protect itself and themselves, the above-described property, the building or buildings or other improvements to be constructed thereon, and the curtilages appurtenant thereto, against any and all liens or claims filed by the Contractor or anyone acting under or through it in violation of the foregoing covenant by Contractor, the Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear as attomey for it, them, or any of them, in any such Court, and in its or their name or names, (a) to the extent permitted by law, to mark satisfied of record at the cost and expense of Contractor any and all claims or liens filed in violation of the foregoing release, waiver and covenant, or (b) to cause to be filed and served in connection with claims or liens (in the name of Contractor or anyone else acting under or through it) any pleading or instrument, or amendment to any pleading or instrument previously filed by it or them, to incorporate therein, as part of the record the release and waiver contained in this instrument, and for such act or acts this instrument shall be good and sufficient warrant and authority, and reference to the court, term and number in which and where Release and Waiver of Liens shall have been filed shall be a sufficient exhibit of authority herein contained to warrant such action, and Contractor for itself and for them does hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such instrument or amendment, or in any way concerning them. 5. This Release and Waiver of Liens is made and intended to be filed with the Prothonotary of the Court of Common Pleas of the County of Cumberland or other proper place in which the above described lands are located, within ten days after the date hereof in accordance with the requirement of law in such case provided. IN WITNESS WHEREOF, Contractor has signed and sealed these presents this (~~FL day of April, 2003. Witness W. Lee Roland Commonwealth of Pennsylvania ss: County of ?.-. j~ On this ~ day of April, 2003, before me, the undersigned officer, personally appeared W. Lee Roland, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within document, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set/my hand and official seal. My commission expires: F:\STIELY~James Stipulation Against Liens.wpd Notaria! Seal .~,];ariann L Stielv, Notary Public _ Lemoyne Bolo, Comberland County Commission Expires Jan. 2. 2005