The URL can be used to link to this page

Home My WebLink About01-2230 FX ~ ,. '1'I:.LEPI'1QNt: (7"1 BolJ'l71a, FAX (717) ;!,Jl'\'I'lo\l ~ ll:t..t:lo'I"lUNt: \!>to1) J~:t-.:!I)~). ..... \~"'''J ....:;0.,...., . ~...." ......... ".., ~.. ......, '..~ ,.. . . .~. . ... .'- . / / v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA ; NO.: 0/- :21)30 fA I-b JEFFREY A. LUNDEEN, Owner LORNE G. SEIFERT, INC., Contractor ; WAIVER OF LIENS CONTRACTOR'S WAIVER OF LIENS THIS AGREEMENT made this B- day ofAprH,20Q1, between Jeffrey A. Lundeen, aoadult ,individ~Jal, with his office at 840 Slale Street, Lemoyne, Pennsylvania ("Owner") and Lorne ,G. Sqifert; IOl:;."a Pennsylvania l;orporation, with its offices at 65 Carlisle Road, DiIlsburg,PennsylvCll1ia (,'~l.:Phtra.ctor"}.,' " ',,' " , ' - - . WHERCAS, by a: duly executedwritt~n ~greement dated March 13,2001 (the "Contracl"), Owner and Contractor have contracted for the contractor's construction of the foundation, footers, cQncrete slab and all other specified concrete work for the erection thereon ,of a new 48..000 square foot manufacturing facility and all other matters pertaining thereto in accordance with the Contract (the "Improvements") on Parcel 20 (8.7 + ac.) Outlook lane, situate in Shippensburg Township, Cumberland County, Pennsylvania (the "Propergy], said Property;~~ipg more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein; and "." 'WHEREAS, np authqr,ization has yet been given by Owner to Contractor to cl"lfilO"lence its work"Qr purchase materials for samej 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 dairnin\;\ ,through ,or under it, for and in consideration of the Contract and the consideratlonsmemtioned therein'<l.nd intenl;ling to be legally bound hereby, does hereby agree as follows; " " 1. Waiv~r of Lien. Contractor hereby waives and relinquishes'all rights to file a mechanics' lien, claim or ~otice 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 '+ ,-~ ." r, .,~-. ~ll~_. , ~4/05/01 09:13 '5'717 231 6669 RHOADS&SINON LLP !4J002 , . ~ Owner in the Property as described in Exhibit "A" or the curtilage or curtilages appurtenant thereto, by or in the name 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 thereQf, and that all subcontractors, materialmen, and laborers on the work shall look tq and hold Contractor personally liable for all subcontracts, materials furnished under the Contrab for and abO\!lt the erection, construction and compl@tion of the Improvements, or ul'ldl;!r any Contract for extra work, or for work supplemental thereto, or othelWis@. 2. Indeoendenl Covenant. This Agreement waiving the right of lien shall be an independem covenai'lt and shall operate and be effective as well with Al$pectto work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the said Improve:me:nts and as to any work and labor done and materials fumished under the Contract. 3. Power of Attorney. 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 attomey of any Court of Common Pleas of the Commonwealth of Pennsylvania to (i) appear as a!lomey 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 allhe 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 "nd 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 suffident 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-clalms all rights and all manner of errors; defectsaoo imperfections whatsoevet< in entering slolch 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 Par<lgraph 3 unless 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 public notice hereof. - 2 - i, ~ _-_"l_7 _ "!I--'- :"_T 'I' U4/05/01 09:14 '9'717 231 6669 RHOADS&SINON LLP 14J003 , . '. IN WITNESS WHEREOF, the said parties, intending 10 be legally bound hereby, have caused this Contractor's Waiver of Liens to be executed the day and year fiJ'$t above written. WITNe t 111 I OWNER: d:f!!~ ~EAW ATTEST: CONTRACTOR: lORNE G. SEIFERT, INC. ~~~~ (Vice) President LORNE G. SEIFERT, SR. J ~d~625E7 2- sstl Secretary MELINDA S. BETZ (SEAL) ~ -~ ,:.,~. '--'-,'- ~,'- "-''',:<~'' "---',0" '.' '. '\_~'.I"_! -, ~,~ ,-,:' -;- , ,~ ~, -'-' 04/05/01 09:14 13'717 231 6669 RHOADS&SINON LLP 141004 .,'. '/>', ..1> ".,15,. Ui ./ ,:;f'" // /. .t"/ .' .' Flll.ST AMERIOlN TITLE INSlll'U\NCE COl'lPANY PROPERTY DESCRIPTION The l~nd referred to in this ~elicy is described as follows! ALL THAT CERTAIN tra~t or parcel of land lying and being situ~te in Shippensbur9 Town5hip, Cumberland County, ~ennsylvania, a~d being idan~ified ~~ Let NO. 20 on SUbdivision ~lan of OUtlook p01nte of Shippensburg. said Plan being re~orded in ~he Office of the Recorder of ~eeda of cumberland County, PBnnsylv~nia, in plan ~ook 75, Page 57, more fully bounded and de5cribed,as followl;" BEGINNINQ at a pOint on the west si4e. of Outlook Lane at corner of lands now or formcrly of Carlisle Hospital and Health Servi~es (Lot No. 18 en subdivision plan of William Swope, said plan being reco~ed in the Offioe of Rc~o=der of Oecd~ of C~mberland County, pennsylvania, in Plan Book 74. pase 99). the~6e by said lands and lands now or formerly Q~ Hotels of fa. 4nC, North 88 degrees, 21 min~tes 44 seconds West; 411.84 feet. to a point in line of lands now Or formerly of Rope aeformed Ch~chl thence by sai~ lands North 01 degree. 38 Inin~te5, 15 se~onds EaSt, 315.93 feee, eo an iron pin in line of land. nQw or formerly of Frank Craig Nye; "hen~e bylan~s oe Nye North 75 degrees, 04 minutes, OS seeonds East, 50.17 feet, to a poine at corner common eo lands of Frank C. Nye ane. lands now or femedy of Timo~hy M. Nye: ehenee by lands of Timothy M. Nye, Noren 7S degrees, 02 minutes, 30 seconds iast, 882.81 feet, to an iron pin at co~er of lands now Or formerly of Oonald F. Nori (Lot No. 13 on.Subdivi~ion plan of william Swope. said Plan being recorded in the Office of ~ecorder of oeeds of Cumbe=l~nd County, Pennsylvania. in Plan Sook GG, page 18AI; thence by said landl;' South 05 degrees, 20 min~tes, 47 seconds West, 583.77 feat, to a poin~at ~orner of lands now or formerly of Shippensburg ALF (Lot No. 19 on'SUbdivi~ion Plan of William Swope said Plan being recorded .in the Office of Recorder of Oeeds of Cumberland Coun~y, Pcnn$ylvania in Plan Book 76, page 55); thenee by said lands, North 88 degrees, 21 minutes, 45' "e/;londs Wes~, 3~4. 3'e feet, to a point on the East side ot O~tlook Lane a 50 foot wide public s~ree~; thence by said streee o~ a curve to the right having a radius of 2S.00 feet, a ~ho~a oearing of N=th 25 d:es~ees, cot3 minutes, S.. seconds East, a distance of 21.03 feet to a point;' l:hen~e continuing by Same On a ~urvl! to the left h..ving a radius of 50.00 feet, a chord bearing of Noreh SS des=ees, 21 min~tes. 4S ~econds West, a distance ot 241.19 f~e~ to a point; thence .continuing by same on a curve' to the righI:, having a radius .of 2$.00 teel:, a ~hord bearing of South 22 degrees. 27 minutes, 25 seconds East, a distanoe of,21.03 feet to a point at eo~er of lands noW or formerly of tarlisle aospital and Health Services, the place of BEGI~. ' Exhibit "A" I,~~,,, ,_, ~ ~","" ^ 1'" 01'"' ,', ~I- -" ",- I '1 , , _l" - '-'1flI .,..,.. " " "JIIIlL_"" , "..." .. ".~ ~,-~-, ~_JlIIJ!~~~~~[:if.1I:,.......=-,~~"_,_ ~^". ,"",'~' -~.-.. v ~" ...~.,~~ ---,...., - . . ~f ~~~1'iJ!i'J.li$Wm!i'-'\""~;,"'-"11"fo"'T."D'"!;mt-",n-;o;'I"'1~1':"~4'~\;;~'Ji'~'i"~.!f!i,'I"!I'1WJ1i'n'~ml~~lj.'W,~'!!lli~Wn ~, C::. ' " (~ , .. ~ ~ ~ -, )'7.. l,.fl q~iC ", ~.--. - :.J , 8 -, CI> -' ''',[ '- r- .,- ~ ,'., ~-;"-I '~ \.v ~ .Y ........ ~ 'l:'l l " 1''0 -,