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HomeMy WebLinkAbout99-05671 SUSAN E. SCHWAB, V. IN THE COURT OF COMMON PLEAS Owner : OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 9g - S6,71 N', L, iJ WHITETAIL HOME IMPROVEMENTS, Contractor : WAIVER OF LIENS CONTRACTOR'S WAIVER OF LIEN THIS AGREEMENT made this A day of d? 1999, between -? Susan E. Schwab, a married individual, residing at 2154 hestnut Street, Camp Hill, Pennsylvania ("Owner") and Whitetail Home Improvements, with its offices at 122 Creekside Drive, Enola, Pennsylvania ("Contractor"). WHEREAS, by a duly executed written agreement dated July 31, 1999 (the "Contract"), Owner and Contractor have contracted for certain improvements, all in accordance with the Contract (the "Improvements") on the Property situate in Camp Hill, Cumberland County, Pennsylvania (the "Property"), said Property being more particularly described in Exhibit "A" 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 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, 306249.1 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, construction and completion of the improvements, or under any Contract for extra work, or for work supplemental thereto, or otherwise. 2. Independent 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 and materials furnished under 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 Attorney. In order to give Owner full power and authority to protect herself, 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 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 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 (ii) 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 her rights under this Paragraph 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. 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: OWNER: -(SEAU Susan E. Schwab CONTRACTOR: WHITETAIL HOME IMPROVEMENTS BJta +- L (SEAL) Y PROPERTY DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Camp Hill; Cumberland County, Pennsylvania, more particularly bounded and described according to a survey by Robert L. Reed, R.S., dated January 12, 1981, as follows, to wit: BEGINNING at a point on the northern line of Chestnut Street at the eastern line of lands now or late of Ralph R. Sherrick; thence North 18 degrees 31 minutes 51 seconds East by said lands 159.88 feet to a point on the southern line of a 20 foot wide alley; thence South 71 degrees 52 minutes East by same 38.9 feet to a point; thence South 10 degrees 50 minutes West by lands now or late of Francis E. Merfitts 153.5 feet to a point on the northern line of Chestnut Street; thence by the northern line of Chestnut Street North 79 degrees 10 minutes West 60 feet to the point and place of BEGINNING. HAVING THEREON erected a single brick dwelling known and numbered as 2154 Chestnut Street. BEING THE SAME PREMISES which Philip I. Rosen, a single person, by deed dated November 30, 1998, and recorded December 3, 1998 in the Recorder's Office in and for Cumberland County, Pennsylvania in Deed Book 190, Page 458, granted mid conveyed unto Mark D. Foster and Kelly W. Foster, his wife, in fee. EXHIBIT "A" Q CIO - o, G 1 ll! LL.'