HomeMy WebLinkAbout01-0928 FX
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$6-01 01:29P INDUSTRIAL HARNESS COM PAN 7177618269
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JEFFREY A. LUNDEEN,
Owner
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.: ()L - Cf2b'
fYlJ..O I~
ROSE METAL SYSTEMS, INC
Contractor
: WAIVER OF LIENS
CONTRACTOR'S WAIVER OF LIENS
THIS AGREEMENT made this .~ day of February, 2001, between Jeffrey A.
Lundeen, an adult individual, with his office at 840 State Street, Lemoyne, Pennsylvania
("Owner") and Rose Metal Systems, Inc., a Pennsylvania corporation, with its offices at 1412
Trindle Road, Suite E, Carlisle, Pennsylvania ("Contractor").
WHEREAS, by a duly executed written agreement dated December 19, 2000 (the
"Contract"), Owner and Contractor have contracted for the contractor's supply, installation
and erection of new, one-story 48,000 sq. ft Nucor metal building system, and all matters
pertaining thereto, all in accordance with the Contract (the "Improvements") on Parcel 20
(8.7 + ae.) Outlook Lane, situate in Shippensburg Township, Cumberland County,
Pennsylvania (the "Property"), said Property being more particularly described in Exhibit "AU
. attached hereto and by this reference incorporated herein; and
WHEREAS, no authorization has yet been given by Owner 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 or maintained against the Improvements or the estate or title of
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}6-01 01:30P INDUSTRIAL HARNESS COM PAN 7177618269
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Owner in the Property as described in Exhibit "A" or the curtilage or curti I ages appurtenant
thereto, by or in the oame 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,
coostruction 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
aod materials furnished uoder 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 Owner full power and authority to protect
itself, the property, the estate or title of Owner therein, and the appurtenances thereto,
against any and all liens filed 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 (i) appear
as attQrney 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 Oi) 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
action, 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, Owner may not exercise his rights under this Paragraph 3 uoless
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 publ ic notice hereof.
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~6-01 01:30P INDUSTRIAL HARNESS COMPAN 7177618269
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IN WITNESS WHEREOF, the said parties, intending to be legally bound hereby, have
caused this Contractor's Waiver of liens to be executed the day and year first above written.
WITNESS:
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OWNER:
~SEAlI
A. Lundeen
ATTEST:
CONTRACTOR:
ROSE METAL SYSTEMS, INC.
_n1Udt l u)Jct--
,( (Asst.) Secretary
By:
.~t?- . ~cr~o-c-r
(Vice) President
(SEAL)
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JEFFREY A. LUNDEEN,
Owner
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.: 01-928 MLD Term
ROSE METAL SYSTEMS, INC.
Contractor
: WAIVER OF LIENS
PRAECIPE
To the Prothonotary:
The attached legal description should be attached to and made a part of the
Contractor's Waiver of Liens as Exhibit "^" in the above matter filed to No. 01-928 MLD
Term on February 15, 2001.
Respectfully yours,
RHOADS & SINON LLP
BY~IMu~~
Lawrence B. Abrams
One South Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Dated: 'd-- - 'J..lo- 0 (
378844.1
.
,
FIRST AMERICAN TITLE INSURANCE COMPANY
PROPERTY DESCRIPTION
The land referred to in this Policy is described as follows:
ALL THAT CERTAIN tract or parcel of land lying and being situate in
Shippensburg Township, Cumberland County, Pennsylvania, and being identified
as Lot No. 20 on Subdivision Plan of Outlook Pointe of Shippensburg, said Plan
being recorded in the Office of the Recorder of Deeds of Cumberland County,
Pennsylvania, in plan Book 76, Page 67, more fully bounded and described as
follows:
BEGINNING at a point on the west sige of Outlook Lane at carner of lands now
or formerly of Carlisle Hospital and Health Services (Lot No. 18 on
Subdivision Plan of William Swope, said Plan being recorded in the Office of
Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 74, Page
99), thence by said lands and lands now or formerly of Hotels of Pa. Inc,
North 88 degrees, 21 minutes 44 seconds West; 411.84 feet, to a point in line
of lands now or formerly of Hope Reformed Church; thence by said lands North
01 degree, 38 minutes, 15 seconds East, 315.93 feet, to an iron pin in line of
lands now or formerly of Frank Craig Nye; thence by lands of Nye North 75
degrees, 04 minutes, 05 seconds East, 50.17 feet, to a point at corner common
to lands of Frank C. Nye and lands now or formerly of Timothy M. Nye; thence
by lands of Timothy M. Nye, North 75 degrees, 02 minutes, 30 seconds East,
882.81 feet, to an iron pin at corner of lands now or formerly of Donald F.
Nori (Lot No. 13 on Subdivision plan of William Swope, said Plan being
recorded in the Office of Recorder of Deeds of Cumberland County,
Pennsylvania, in plan Book 66, Page 18A); thence by said lands South 05
degrees, 20 minutes, 47 seconds West, 583.77 feet, to a point at corner of
lands now or formerly of Shippensburg ALF (Lot No. 19 on Subdivision Plan of
William Swope said Plan being recorded in the Office of Recorder. of Deeds of
Cumberland County, Pennsylvania in Plan Book 76, Page 66): thence by said
lands, Nbrth 88 degrees, 21 minutes, 45 seconds West, 394.38 feet, to a point
on the' East side of Outlook Lane a 50 foot wide public street: thence by said
street on a curve to the right having a radius of 25.00 feet, a chord bearing
of North 25 degrees, 43 minutes, 56 seconds East, a distance of 21.03 feet to
a point; thence continuing by same on a curve to the left having a radius of
50.00 feet, a chord bearing of North 88 degrees, 21 minutes, 45 seconds West,
a distance of 241.19 feet to a point; thence continuing by same on a curve to
the right, having a radius .of 25.00 feet, a chord bearing of South 22 degrees,
27 minutes, 26 seconds East, a distance of 21.03 feet to a point at corner of
lands now or formerly of Carlisle Hospital 'and Health Services, the place of
BEGINNINI3.
Exhibit "A"
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