HomeMy WebLinkAbout07-5056.~
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WAIVER OF LIENS
.~~- ~ ~-
THIS AGREEMENT made this day of ~ , 2007,
between ROVEGNO REAL ESTATE PARTNERS, a P n~isylvania General Partnership
of 401 E. Loather St., Carlisle, Cumberland County, Pennsylvania ("Owner"), and
McCORKEL CONSTRUCTION SERVICES, INC., a Pennsylvania Corporation of 1405
Zimmerman Road, Carlisle, PA 17015 ("Contractor").
THE BACKGROUND of this Agreement is as follows:
By a duly executed written agreement dated July 26, 2007 (the "Contract")
Owner and Contractor have contracted 'for the erection, construction and completion of
carports as described in Blueprints dated June 25, 2007 (the "Improvements' to be
erected on real estate known as 133 W. Locust Street, Mechanicsburg, PA 17055 being
more specifically described in Exhibit "A" attached (the "Property").
NOW THIS AGREEMENT WITNESSETH:
1. The Contractor, for it and anyone else acting or claiming through or under it,
for and in consideration of one dollar ($1.00) in hand paid by Owner, the receipt whereof
is hereby acknowledged, and further consideration mentioned in the Contract, and
intending to be legally bound hereby, does hereby waive and relinquish all right 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 or the cartilage or cartilages appurtenant thereto, by or
in the name of Contractor or any subcontractor, materialmen or laborers for work done
or materials famished-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 and work and labor done, so that there shall not be any legal or lawful claim of
any kind whatever against Owner for any work done or labor or materials famished
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. 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 famished
under any supplemental contract for extra work in the erection, construction and
completion of the Improvements. as to any work or labor done and materials famished
under the Contract.
3. In the event. Contractor consists of more than one person, firm or corporation,
the undertakings hereunder of each of such persons, firms or corporations shall be joint
and several, and the word "Contractor" shall mean all or some or any of them. For
purposes of this Agreement, the singular shall be deemed to include the plural, and the
neuter shall be deemed to include the masculine and feminine, as the context may
require.
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals
dated the day and near first above written,
WIT SSES:
OW
(SEAL)
ovegno Real Estate P
By: Ric ovegno, General Partner
(SEAL)
vegno eal E ate Partners
John S. Rovegno, General Partner
TRACTOR: ,~/~,,
• ' r ~ ~ (SEAL)
M orke Construction Services, Inc.
By: Joseph B. McCorkel, President
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
On this, the ~~ day of 2007, before a notary
public, the undersigned officer, personally ad~eared JOSEPH B. MCCORKEL,
known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he executed the
same for the purposes therein contained.
IN WITNESS WHEREOF I hereunto set
Notary Public - - ~~' -~'
COMMONWEALTH OF PENNSYLVANIA ~'~M°`~"`b
SS : a+h' OonrabNon 6plau Ost 2, ~t0
COUNTY OF CUMBERLAND
On this, the ~'~~` day of ~ 2007, before a notary
public, the undersigned officer, personaNy geared RICHARD L. ROVEGNO
and JOHN S. ROVEGNO, known to me (or satisfactorily proven) to be the
persons whose names are subscribed to the within instrument, and
acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF 1 hereunto set my(Land ark official
TdoisD.Nsylor,(~pfaiypubic Ot Public
cerRNe eo%, GLrribe,ierb ~„My
aycomn, E~gptros oa.2, 2oto
'ma'y ~" W.,. V,.~~s~
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Exhibit "A"
AI.t, of t1~u cet~M try of i+end wz~ iaspt^ov~ ~ ~ ~tttue~ae un
of Mer.~tirai Gumlxxlwsd Ccrs~yR- ~~ a
described acccxdit-~ w the Fittsl 5~iivlsio~ Pion fcn S~OOI. Howe trpa~
pa~cpee+od by Maddest ~ S~C~it~c., d,~ed M~- 3Q, 2007`, sYx! racc-~dcd
~ ~umt~latrd Ct~a~,+ Pi,rn 13oo~C .1 Ps~r ,;~'„, as fcdlows:
ptisn at >~ 2~Tiptdterrlt +aae~ee offfia ~ewtt c~' ~ ,
Wiet ~ tisotrca> I!5' ~' ~" ~Vit~ lft3.ff4 fire! io • picot ~t ate
vfrtlr* iaa~saoliwan a~f ~ostbt ~ niad'Waet T,o~rt Starr 2~ 7I'
E14' QiN 116tett p7.ZZ lM~t m s ttafY a~ t'4 tilt ~il-M1tt Locnt~et ~>~
24' Oar !>14" Waet 44.Ob fMit b ~ ~ ~ ~ e~l'~i-aet
a~o>~ erg 72' tIQ' Otl:' Wmet t3.b4 fkat 1n a pie aR 1tntie nn'of
i~torK+r ~ ~` ~' ~" Want 71 ~ fheit ~ s ~ e tiw
;,~}Saueb es~r4f a~~ry; ~rme:ak~ ate 1',kN~r+li~' ?3' 00"' F.at. 332.41 fish ~ s
tit, i3 t>wt w s tteil aioer~ t~ 1 rd~ at''ptrst titrtt+oe aiar~ steer, ,
7 2 • t1A' gyp" Wiet 2iRi.~ fast tc- a pits t tlis ~t of ~ ~ af•aet
iraa^4e~ ~r antl W~aet hoette~t fyl~e~t ~e 1 23' 31' tiff"` 1~etet 3~.fIR ~t xis at
the N~ aoa~r Qltl~r b~ of Is ~ ~6Verwt ~ g
2lnetcir erlntt~ ~em~. filo+~ r~',t~' t>a" wert~ ~~+~,~ ~ ~~ ~.
~t i.f~;etcses.
BEIMG THE SAME PREMISES which Rovegno Real Estate Partners by Deed
dated 7/19/07 and recorded 7/24/07, in the Office of the Recorder of Deeds for
Cumberland County, Pennsylvania, in Book 221, page 555, granted and
conveyed unto Rovegno Real Estate Partners, their heirs and assns.
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