HomeMy WebLinkAbout00-07780
{'"-
/lJ-/t ~l V"^-
,.-
RETURN TO:
tjoo 0 O?; 14
","".,~,,^0 ~._'"': "'A."""~',"""': At"',
""",,,,,_. ,-,'" '"",
SUITE
PHIU.r.H-iEI\. rA 1D1C3
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Homes for Shippensburg, Inc.
Owner-Plaintiff
vs.
Unit Services, Inc.
Contractor-Defendant
No:bCt10'- 7t8lJ fVl't.-D
AND
Unit Services, Inc.
Contractor-Plaintiff
vs.
Homes for Shippensburg, Inc.
Owner-Defendant
WAIVER OF LIENS
THIS WAIVER OF LIENS made this jsr day of ,Ja..l'iI'lk,..... ,2000, by Unit
Services, Inc. (the "Contractor").
WITNESSETH
~S, by a duly executed written agreement with Owner dated the I sr day of
N/Ju ,200-, (the "Contract") Contractor has agreed to provide all labor and
materials lll1d perform all the work for the construction of a 24 unit residence for elderly (the
"Improvements") to be erected at Hollar Avenue at Neff Street, Shippensburg, Pennsylvania,
more particularly described on Exhibit "A" attached hereto (the "Property"); and
WHEREAS, by the terms of the Contract, Contractor 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, or its
subcontractor 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, and
completion ofthe Improvements on the Property or any of the curtilages appurtenant thereto.
# 139776 NLS
010489-0005
r,.';~~
~"
r
NOW THEREFORE, in consideration of the mutual covenants and agreements contained
herein and in the Contract, Contractor intending to be legally bound hereby, agrees as follows:
1. The Contractor, for itself, its subcontractors and all parties 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 Improvements or the estate or title of Owner in the Property or curtilage or curtilages
appurtenant thereto, by or in the name of Contractor, its subcontractors or others acting under it
or them 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 Improvements 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 Contractor, or its
subcontractors under the Contract for and about the erection, construction, and completion of the
Improvements, 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 erection, construction, and completion
of the Improvements as to any services rendered and materials furnished by Contractor or its
subcontractors under the Contract.
3. In order to give Owner full power and authority to protect itself, the
Improvements, 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 Contractor or anyone acting
under or through it in violation of the foregoing covenant, the Contractor hereby.irrevocably
authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of
Peunsylvania, to appear as attorney for it, them or any of them, in any such Court, imd in its
name or names, to the extent permitted by law, mark satisfied of record at the cost and expense
of the Contractor 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 Contractor 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 Contractor and its successors and assigns.
# 139776 NLS
010489-0005
2
r''':<-',."""", ~
~,
- --" ~I
.i" ."
IN WITNESS WHEREOF, the Contractor has caused this Waiver of Liens to be duly
executed the day and first above written.
(CORPORATE SEAL)
# 139776 NlS
010489-0005
,-
I"
3
"
n(1
.~
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.
Hollar, Jr., Estate by Dawood Engineering Inc., dated 8/28/1999, as follows,
to wit:
LOT III
BEGINNING 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. UX. 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 112
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 lands of James E. Lesher, et. ux. as
found in Deed Book 193, page 1043;
Thence, leavinS l>aid Neff Avenue and along lands of said Lesher et. ux.,
South 380 11' 55" East a distance of 200.43' to a Rebar in line of lands of
Edwin C. Miller, et. ux.:
Thence, along lands of said Miller et. ux. South 600 43' 26" 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. . UX., and also lands of Bruce R. Beam,
>., .< ~,
1-
~\ -
0','
......
,1t"'_'~"","'1l',_'
et. UX.;
Thence, along lands of said Ilruc:e R. Eeam et. ux. North 360 39' 34" West a
distance of 40.06' to a stone;
Thence, continuing along lands of said Eruce R. Beam et. UK. South 520 02'
42. West ~50. 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' ~6"
West a distance of 147.55' to the point of beginning.
TOTAL P.03
iii'
[': ~...,...,
,I,
__JP:r"",~",I
-
0 0 t~
h ~ c 0
<' z :-=::1
\\::. ~ "Ocu 0
~ !12gj o~ :; ::1
.c~
...... 2!0.. I -'-dY\
Q 0 c75 ,2;: r,) ::2l.:fJ
....... 0
0 -<.- '---:()
vJ ~o -u . "
..:::: :s) ~ ~O -""'" ~~J
).) -..t: ~ :t>g N ~1~1
b z ::>
B :< (Y\ ~
~
()
~
::t:
""
~\
,,",,_.I!'f!~ !m1"P"Jli!fJlI\'~~~~~~~mM'!1m$lR''Il'lI'~!B.~lf'~''_~l'.,,",'''fl)'l'"-''''~J'Im!:~ffi~~_~_1ll:1'Xf.]_, _ '.,'
"<, ,'."" ,'....
~,,~-,~