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HomeMy WebLinkAbout99-05020I<D r 4 ? Co Jy C7 t d C-) v Patrick J. Redding law on ices 19 Nona Mein Streol ' Mo dmlS care Cbambersbur0. Pennsylvania 17201 (717) 2674440 .r WAIVER OF RIGHT TO FILE MECHANICS' LIEN THIS AGREEMENT is made and entered into this /`14A day of August, 1999, by and between J. Gary Rine of Shippensburg, Pennsylvnaia 17257 hereinafter called Contractor, AND Joyce A. Forrester, of 115 President Avenue, Shippensburg, Pennsylvania, hereinafter called Owner, WITNESSETH: WHEREAS, the Contractor has entered into a contract with the Owner to provide materials and labor necessary for the construction of improvements upon real estate of the Owner as hereinafter described; WHEREAS, Contractor is a contractor the Mechanics' Lien Law of the Commonwealth WHEREAS, contractor, by this agre covenanted, and agreed that no mechanics liens shall be filed or maintained against Owner; within the meaning of of Pennsylvania; Bement, has promised, lien or materialmen's the real estate of the NOW, THEREFORE, KNOW YE, it is hereby stipulated and agreed by and between the owner and the Contractor, as a part of the contract between the Owner and the Contractor, and for the consideration therein set forth, as well as other good and valuable consideration to the Contractor in hand paid, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, it is hereby agreed as follows: 1. The Contractor, for itself and anyone else acting or claiming through or under it, does hereby waive and relinquish all right to file a mechanic's or materialman's lien, or notice of intention to file any lien, and does hereby covenant, promise and agree that no mechanics lien or any other lien of any kind whatsoever shall be filed or maintained against the real estate of the Owner, by or in the name of the Contractor or any other contractor or subcontractor, materialman, or laborer acting or claiming through or under for work done or materials furnished in connection with any and all contracts between the Owner and the Contractor, or by any other party acting through or under the Contractor for any labor or materials furnished to or upon the real estate of the owner. 2. This agreement waiving the right to file a mechanics lien shall be a independent covenant by the Contractor and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in connection with any and all work to be performed by the Contractor or their subcontractors on the real estate of the Owner. Qom/- Soac)mgl 3. This agreement shall bind the Contractor, any subcontractor, materialman, or laborer, or any other person furnishing labor or materials to the said Contractor under and pursuant to the contracts between the Contractor and the Owner, and shall be effective to waive any and all right to file any lien, commonly called a mechanics' lien, for work done or materials furnished to the building or real estate or any part thereof of the owner for any improvements to be made to the Owner's real estate. 4. This stipulation is made and intended to be filed in the Office of the Prothonotary either prior to the commencement of the work upon the ground or within ten (10) days after the execution of the said contract, in accordance with the requirements of the Mechanics' Lien Law of the Commonwealth of Pennsylvania. 5. The Owner of the real estate is Joyce A. Forrester, P.O. Box 45, Shippensburg, Pennsylvania 17257. The real estate of the owner is described as one (1) tracts of real estate lying and being situate in Southampton Township, Franklin County, Pennsylvania, designated as Lot No. A-2, and more fully described as the same real estate that J. Gary Rine and Virginia B. Rine and darrin G. Rine and Loretta L. Rine, by their deed dated July 2, 1999 and recorded in Franklin County Deed Book Volume Page conveyed unto the owner, which description is incorporated by reference herein. 6. The Contractor is J. Gary Rine, with an address of Shippensburg, Pennsylvania. IN WITNESS WHEREOF, the Contractor, intending to be legally bound hereby, has caused this waiver of mechanics' lien to be executed the day and the year first above written. WITNESS: ntracto