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Home My WebLink About01-2329 FX I .. ~ . 01 ~ ~B~q /MLD WAIVER OF LIENS KNOW ALL MEN BY THESE PRESENTS, that (j) L\..' WHEREAS, Peter F, Mack & Sharon Mack (collectively the "Owner") and 1. S, Construction, Inc, ("Contractor") have entered into an agreement ("Agreement") relating to the construction of certain improvements to a parcel of real property known as 2487 Glime Drive, Mechanicsburg, Upper Allen Twp" Cumberland Co"P A, as more particularly described on Exhibit A attached hereto ("Premises"), as part of the consideration for which agreement this Waiver is given; WHEREAS, the Contractor has covenanted, promised and agreed that no mechanics' liens or claims will be entered and filed against the Premises by Contractor, its subcontractors, vendors, materialmen, laborers or anyone else for any work, material or labor supplied in the performance of the Agreement or any supplemental agreement for extra work 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 of which is hereby acknowledged, as well as for and in consideration ofthe entry by Owner thereunder, it is stipulated and agreed that neither the undersigned Contractor, any subcontractor, vendor, materialman, laborer, nor any other person furnishing labor or materials to Contractor with respect to the Agreement shall file a lien, commonly called a mechanics' lien, for work done or materials furnished to the buildings or improvements located on the Premises or any part thereof. This stipulation and agreement waiving the right oflien shall be an independent covenant and shall also operate and be effective with respect to work done and materials furnished under any supplemental agreement or arrangement for extra work in the erection, construction and completion of any buildings or improvements on the Premises. In the event that any mechanic's liens or claim is filed by the undersigned, undersigned hereby irrevocably waives any right to a jury trial in any action to strike or discharge the lien, If the undersigned or any contractor or materialmen claiming by, through or under the undersigned files a mechanic's lien, notwithstanding this Waiver, the Owner or the Owner's representatives, successors or assigns shall have the right to discharge the lien by appropriate legal proceedings and to retain out of any payment then due or thereafter to become due to the undersigned an amount sufficient to completely reimburse and indemnifY Owner against expenses and losses resulting from such lien. Expenses and losses shall include any attorney's fees, surety bond premiums and other costs incurred in attempting to discharge or remove such lien and nay damages or other losses resulting form such lien all of which the undersigned agrees to pay, If any payment then due to the undersigned by Owner is not sufficient to reimburse and indemnifY Owner by way of off-set as aforesaid, the undersigned agrees to pay the amount of the difference to Owner upon demand, ~,~.g~~". 'c _, , "~_~., %''"' ~I""~ , ' r 4.::\I!I1l.lJl ..H '. The undersigned hereby warrants and represents that as of the execution of this Waiver, no work of any kind has been done and no materials or supplies of any kind have been furnished in the performance of the aforesaid Agreement or any supplemental agreement of extra work in the erection, construction and completion of any buildings on the Premises or otherwise. This Agreement and Waiver is made and intended to be filed with the Prothonotary of the Court of Common Pleas of the County where the Premises are located and Contractor agrees that it, all subcontractors, vendors, materialmen, laborers on said work shall look to and hold Contractor liable for the Agreement, materials furnished and work and labor done, so that there shall not be any legal or lawful claims of any kind whatsoever against Owner for any work done or labor or material furnished under the Agreement with the Contractor, It is expressly understood that the foregoing Waiver and all of the provisions and remedies herein contained shall be available to and for the protection of Owner, IN WITNESS WHEREOF, Contractor and the Owners have signed and sealed these presents as ofthe 19th day of April, 2001. J, S. CONSTRUCTION, INC: ~4. V/ Witne'ss ~, OWNER: -- ~,,-~ Peter F, Mack ~ ~g~ ~~ Sharon Mack , . ," - ~. '~I""'I ., . t COMMONWEALTH OF PENNSYLVANIA, twnberlUV--COUNTY 55: On this, the Iq~ day of ~ ,2001 before me, a Notary Public for the Commonwealth of Pennsylvania, personally appeared Peter F, Mack & Sharon Mack known to me( or satisfactorily proven) to be the person( s) whose name( s jfhbscribed to the within instrument and acknowledged thatil(!fexecuted the same for the purposes herein contained, IN WITNESS WHEREOF, I hereunto set my hand and seal. - otary Public y Commission Expires: Notarial Seal Stephanie E, Witmer, Notary Public Hampden Twp" Cumberland County My CommIssIon Expires July 28,.2001 ;',~:;i'~!w Pr"'1)1s\;j~~~:~G~r;;~~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ~ :ss, On this, the ~c.- day of ~ ,2001, be ore me, a Not in and for the Commonwealth of Pennsylvania, personally appeared (\ who acknowledged himselfto be the President of ,S, Construction, Inc. and that he as such officer, executed the foregoing instrument on behalf of such corporation for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal, otary Public y Commission Exp es: Notarial Seal . Stephanie E, Witmer, Notary Public Hampden Twp" Cumberland County My Commission ExpIres July 28, 2001 !\M'mher, PBnnsvhJ,)I~:i1 !'\ssn!~jaj'jon of ~!(\t'/'M' .< -"""'~"'~',,^.~ ~, . , __Il" . ~ ~"' '1 '~" ~ ~ ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and fully described as follows: BEGINNING at a point on the western right-of-way line of Glime Drive and a corner of Lot No. 95; THENCE along the property line with lot No. 95, North 64 degrees 29 minutes 20 seconds West, a distance of 120,85 feet to a point on the rear property line with lot No. 88; THENCE along said line, North 31 degrees 56 minutes 47 seconds East, a distance of 79.70 feet to a point on the rear property line with lot No. 87 and a corner of lot No. 97; THENCE along lot No. 97, South 58 degrees 03 minutes 13 seconds East, a distance of 118.50 feet to a point on the western right-of-way line of Glime Drive; THENCE along the same with a curve to the left, having a radius of 375.00 feet, an arc length of 66.26 feet, a chord bearing of South 30 degrees 34 minutes 22 seconds West, a chord distance of 66.17 feet to a point on the same, corner of Lot No. 95 and the point and place of BEGINNING. CONTAINING 8,640.00 square feet or 0.198 acres. BEING LOT NO. 96 of Phase 3A, Ashcomb Farms PRD recorded in Cumberland County Plan Book 82, Page 125. BEING THE SAME PREMISES which Country Square Partnership, a Pennsylvania general partnership, by their deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Peter F. Mack and Sharon L. Mack, - " . ,,~ ~ - t__ -''-!Il ill '"~. ,.fl'_~ , -, ~ r 70 (~" ~ ::ft-: --.... -::" :t:l ~ .::::. 6.' ''-'''') ~ N , v) -, ~ <: ~ ~ 'J,J '1 ~') en ""- ~ ~'l :-:1 ~ .~:'> '< '" ~ [, S "- t~ .-f!lo .....,...l\!Utlllllll1'!lflm11 ,_ .'T'" ,)I!Il,~-_- _r,_-,?'l!Il(1I"~'!llW~"'f":-'-'- '''-If?-'~''''" ;'I:~'~~T,,,~'W.>!~]lG,'!t~i!'i~ffli!l'1f'~'1I1r!~~]i-1NP"l'~'i.!1IWj'W111j'!7;F!if~