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HomeMy WebLinkAbout00-07779 . . ~ RETU RN TO: ~/ 015 J() 3/9 "'1"" (\(\ T~"f! F: '~<!~l ip 1\ ~,~'c~ f'r^' cj!'. '..,J j:! 0><" J~':"f~:,;;~~' L. 'vVi';',,-I.. "'fl' ."we,' ""'1'''''1" IU',! "\;'1rl.k ~ Q i 1~t.. 3U!TE 2t)50 ''''I' ',.'I"lul' DA 19103 ~"r; LF.0i:.:,-"r 11 J'\ I r \ ;lJA: ~ ~~" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Homes for Shippensburg, Inc. Owner-Plaintiff vs. Zemaitis & Associates, Architects Architect-Defendant No: J}OOO - ?779 MuD AND Zemaitis & Associates, Architects Architect-Plaintiff vs. Homes for Shippensburg, Inc. Owner-Defendant WAIVER OF LIENS THIS WAIVER OF LIENS made this ls!-:daYOf ,Jp~ 2Qot! by Zemaitis & Associates, Architects ("Architect"). WITNESSETH WHEREAS, by a duly executed written agreement dated the /s:t- day of tJo~ 20.0.12 (the "Contract") Owner and Architect have contracted for architectural construction-phase services during the erection, construction, and completion of a 24 unit residence for elderly (the "Improvements") to be erected at Hollar Avenue and Neff Street, Shippensburg, Pennsylvania, more particularly described on Exhibit "A" attached hereto (the "Property"); and WHEREAS, by the terms of the Contract, Architect has covenanted, promised, and agreed that no mechanics' or materialsmen's lien or claims would be filed or maintained in the Property or any part thereof, or the curtilage or curtilages appurtenant thereto, by itself for or on account of any services or materials supplied in the performance of the Contract or under any supplemental contract for extra services, in the construction-phase services during the erection, # 139780 NLS 010489-0005 ,,"~"-r . .'~ construction, and completion of the hnprovements on the Property or any of the curtilages appurtenant thereto. NOW THEREFORE. in consideration of the mutual covenants and agreements contained herein and in the Contract, Architect intending to be legally bound hereby, agrees as follows: 1. The Architect, for itself and employees acting or claiming through or under it, hereby waives and relinquishes all right to file a mechanics' lien, claim or notice of intention to file any lien or claim, and hereby covenants, promises, and agrees that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the hnprovements or the estate or title of Owner in the Property or curtilage or curtilages appurtenant thereto, by or in the name of Architect for services rendered or materials furnished under the Contract or by any employees acting through or under them or any of them for and about the hnprovements or the Property or any part thereof, or on credit thereof, so that there shall not be any legal or lawful claim of any kind against Owner for any services rendered or materials furnished by Architect under the Contract for and about the erection, construction, and completion of the hnprovements, or under any contract for extra services, or for services supplemental thereto, or otherwise. 2. This Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to services rendered and materials furnished under any supplemental contract for extra services in the construction-phase services for the erection, construction, and completion of the hnprovements as to any services rendered and materials furnished by Architect under the Contract. 3. In order to give Owner full power and authority to protect itself, the hnprovements, the Property, the estate or title of Owner therein, and the curtilage or curtilages appurtenant thereto against any and all liens or claims filed by the Architect or employees acting under or through it in violation of the foregoing covenant, the Architect hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth Of Pennsylvania, to appear as attorney for it, them or any of them, in any such Court, and in its name or names, to the extent permitted by law, mark satisfied of record at the cost and expense of the Architect any and all claim or claims, lien or liens, filed in violation of the foregoing covenant, for such act, a copy of this executed instrument shall be good and sufficient warrant and authority, and a reference to the court, Term and Number in which and where this Agreement shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action, and the Architect does hereby remise, release and quitclaim 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. 4. This waiver shall bind the Architect and its successors and assigns. # 139780 NLS 010489-0005 2 ;"i~-,,~~ 1 ~ -~E " " I -" ., , . '~-I'-' IN WITNESS WHEREOF, the Architect has caused this Waiver of Liens to be duly executed the day and first above written. Zemaitis & Associates, Architects BY:~.~. President \\- . -z.. e. ..,." "':,->, \ ~ # 139780 NLS 010489-0005 3 . , . EXHIBIT A ALL THOSE CERTAIN lots or pieces of ground situate in the Borough of Shippensburg, Cumberland County, Commonwealth of Pennsylvania, and described in accordance with an ALTA/ACSM Land Title Survey prepared for Frank E. gollar, Jr., Estate by Dawood Engineering Inc., dated 8/28/1999, as follows, to wit, LOT #1 8EGINNlNG at a Rebar on the northeasterly side of Hollar Avenue, said also being the southwest corner of lands of Michael B. Swartz as found in Deed Book 113, page 53; Thence, leaving said Hollar Avenue and along lands of said Swartz, and also. along lands of Samuel E. Wiser, et. ux., and also along lands of George P. Roman, et. we. North 510 13' 54" East a distance of 125.93' to a Rebar on the southwesterly side of a gravel alley; Thence, along the southwesterly side of said gravel alley South 370 56' 49" East a distance of 178.91' to a point at the intersection of the southwesterly side of said gravel alley with the northwesterly side of Neff Avenue; Thence, along the northwesterly side of said Neff Avenue South 510 38' 16" West a distance of 125.86' to a Rebar on the northeasterly side of the aforementioned Hollar Avenue; Thence, along the northeasterly side .of said Hollar Avenue North 370 57' 56" West a distance of 178.01' to the point of beginning. LOT #2 BEGINNING at a Rebar at the intersection of the northeasterly side of Hollar Avenue with the southeasterly side of Neff Avenue; 'thence, leaving said Hollar Avenue and along the southeasterly side of said Neff Avenue North 510 45' 58" East a distance of 225.53' to an iron pipe, said point being the northwest corner of lande of James E. Lesher, et. ux_ as found in Deed Book 193, page 1043; Thence, leaving said Neff Avenue and along lands of said Lesher et. we.. South 380 11' 55" East a distance of 200.43' to a Rebar in line of lands of Sdwin C. Miller, et. UK.; Thence, along lands of said Miller et. UK. South 600 43' 28" West a distance of 77.84' to a Rebar, a corner common to lands of said Edwin C. Miller et. ux. and lands of Richard P. Blocher et. UK., and also lands of Bruce R. Beam, t"~"''''"'''''=1 I~ 1':J1~""'1llll'_"''II1~ . et. ux.; Thence, along lands of said Bruce R. Beam et. ux. North 360 39' 34" West a distance of 40.06' to a stone; Thence, continuing along lands of said Bruce R. Beam et. ux. South 520 02' 42" West 150.00' to a rebar, on the Northeasterly corner of Hollar Avenue, said also being the Southwest corner of lands of said Beam et ux; Thence along the Northeasterly side of said Hollar Avenue North 380 05' 16" West a distance of 147.55' to the point of beginning. f~ n", 3;)-- 33' )[?"t,y-/tJ"i5'/f TOTAL P.03 '" ._,,~= -~" ~ ~ 0' - "'" ,', mJ . > > 0 0 0 c 0 "Tl ~ ~. Z " \:> i::Jo:.; D ~":-:f ~~~ nlrn oj::: ~ 7"- 0 Z::::U 1 --;,;--1' :tt. zc ,_.~~: ~~i:: 1'0 "- 0 I). 0 r:C -0 G < ~~~~ vJ -----0 ~Q. ',- ~, ~~ -r: ..0 >2 .,-c J;y ~ .<. Pc .-1 Z 53 ~ ~ :2 0 (j) -< 4 ~ ~ t;-\ V' ,~."~JfJl!r.lllll~~~~~~~W~I_H!1~~I~lt"I'!~!!!M!lJ~~lr;li~il'f"''',"",'I'~~,ffi""!l'~"iJlI"l;P~W~~__ _._ ....m!liW _' . ~ ~ ,_.~J'