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HomeMy WebLinkAbout99-02257 , Q3/~O/Gg 15:58 . RBOADS&SINON LLP tJ717 231 eeeg MARKUS R. MUELLER and ANN MUELLER. husband and wife, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYL V ANI^ Owner.! v. : No. 99-;).;).s7 fYlG:) ARTlSTECH, INC., Contractor : WAIVER OF LIENS CONTRACTOR'S WAIVER OF LIENS THIS AGREEMENT made this (o Ij.~ay of Cl&uJ: , 1999, between MARKUS R. MUELLER and ANN MUELLER, husband and wife, of Lemoyne, Cumberland County, Pennsylvania r'Owner$") and ARTISTECH, INC., a Pennsylvania corporation, having a principal place of business at 4004 Glenfinnan Place, Mechanicsburg, Cumberland County, Pennsylvania ("Contractor"), WHEREAS, by a duly executed wrillen agreem(!nt dated March 31, 1999 (the .Contract"), Owners and Contractor have contracted for the erection, construction, and completion of a new, two story, stone and frame dwelling house based on the Contractor's "Mockingbird Arbor' plans (the "Improvements") on a certain tract or parcel of residential land situate at Lot #16, Allen Estates, Lower Allen Township, Cumberland County, Pennsyl,'.ania on .a Final Subdivision Plan recorded in Cumberland County Plan Book 72 011 Page 125 (the "Property"), i, photocopy of the legal description of which is attached hereto as Exhibit "A" and. by this reference. incorporated herein; and WHEREAS, 110 ;outhorization has yet been given by Owners to Contractor to commerota its work 0( purchase materials for same; and WHEREAS, no work has commenced on the Property and no labor or materials have b!en delive'ed to the Property or furnished for the Improvements by Contractor or any sub-contraLl.:>r or materialmen; and NOW THER~FORE, 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 menti"ned therein, and intending to be legally bound hereby, does hereby agree as follows: IJIllS'.! liIJ002 Q3/30/88 15:57 tt717 231 8888 RBOADS&9tNON LLP IilJ003 1. Waiver of I I..n. Contractor hereby waives and relinquishes all rights to file a mechanics' lien, claim or notice of intention 10 me any lien or c:Jalm and does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or cfalm of any kind whatsoever shall be filed or maintained against the Improvements or the estate or title of Owners in the Property iI5 described in Exhibit "AU or the curtilage or curtilages appurtenant thereto, by or In the name of Contractor or 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 aedil thereof, and that all subcontractors, materialmen and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, materials fumished under the Contract for and about the erection, construction and completion of the Improvemenrs, or unoer any contract for extra work, or for work supplemental thereto, or otherwise. 2. Indeoondent Covenant. This Agreement waiving the righl of lien shall be an independent covenant and shall Operdle and be effective as well with respect 10 work dOlle and materials fumished under any supplemental COntract for extl'il work In the erection, construction and completion of the said Improvements and as lu any work and labor done and materials fumished under the Contract. 3. Power of Attornev. In order to give Owners full power and authority to protect themselves, the property, the estate or title of Owners therein, and the appurtenances thereto, against any and all liens med by Contractor or anyone acting under or through it in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowel'5 any attorney of the Court of Common Pleas of Cumberland County of the Commonwealth of Pennsylvania to (I) appear as attorney for it, them or any of them, In any such Court, and in its or their name or names, to the extent permitted by Jaw, 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 (ii) muse to be filed and selVed in connection with such lien or liens any pleading or instnJmenl, or any amendment 10 any pleading or instrument preViously flied by it or them, and 10 incorporate therein, as part of the record, the waiver conlaJned in this instfumenl; 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-clalms all rights and all manner of errors, defects and imperfeclions 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, Owners may not exercise their rights under this Paragraph 3 unless such lien has not been stricken or discharged (by