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HomeMy WebLinkAbout03-5270W:\XW\DOC$\Re&i~st\GC\Kettenring, Robert A. - MLW.dOC IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Robert A. Kettenring, Owner And Rine and Rine Builders, Contractor MLW 2003 - WAIVER OF LIENS CONTRACT WAIVER RIGHT TO FILE MECHANICS' CLAIMS WHEREAS, Robert A. Kettertring, hereinafter called "Owner", and Rine and Rine Builders, hereinafter called "Contractor", have entered into or intend to enter into a certain Construction Contract, wherein the Contractor agrees to furnish, inter alia, ail the labor, materials and services necessary or contemplated for the construction/renovations/improvements of Owner's property located in Cumberland County, Pennsylvania, which property is more particularly described on Exhibit A attached hereto and made a part hereof. WHEREAS, Owner and Contractor have agreed that no mechanic's claim or lien shall be filed by anyone against said structure, addition or property of the Owner, or any part thereof, for any work, labor, materials, or services furnished or supplied in connection with said contract. NOW, THEREFORE, the Contractor, for himself, his subcontractors and materialmen, and for those persons whomsoever acting or claiming through or under the Contractor, them, or any of them, intending to be legally bound hereunder, hereby covenants, promises and agrees to and with the Owner, her heirs, fiduciaries and assigns, as follows: 1. No lien or any kind whatsoever shall be filed or maintained by the Contractor, or any subcontractor, materialman, laborer, or any person whomsoever acting or claiming, by, through or under the Contractor, them, or any of them, against said structure, addition or property, or the curtilage appurtenant thereto, or any portion thereof, for or on account of any work or labor done or materials or services furnished by the Contractor, them, or any of them, in connection with said Contract; and all subcontractors, materialmen and laborers on or in connection with said work shall look to and hold the Contractor solely liable and responsible for all subcontracts, work and labor performed, and materials and services furnished, so that there shall be no legal or valid claim of any kind whatsoever against the Owner or against said structure, addition, property or curtilage for any work done or for any materials or services furnished under said Contract, or under any revision or amendment thereof, or under any supplemental or additional contract for extra work, or otherwise. W:\XW\DO~3\Reaiest\GC\Kettenring, Robert A. - MLW.doc 2. The Contractor, for himself and all subcontractors, materialmen, and laborers, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, from time to time, to appear as attorney for the Contractor, them, or any of them, in any of said courts and in the Contractor's, their, and each of their name or names, as the case may be, to mark satisfied of record, at their cost and expense, any and all claims and liens filed by or for the Contractor or any subcontractor, materialman or laborer, against said property or curtilage, or any part thereof, for such act or acts this shall be good and sufficient warrant and authority; and a reference to the court, term and number, in which and where this Contract shall have been filed shall be sufficient evidence of the authority herein contained to warrant such action. Said Contractor, for the Contractor, all subcontractors, materialmen and laborers, and each of them, does remise, release, quitclaim and forever discharge all rights and all manner of errors, defects and imperfections whatsoever in entering any such satisfaction or satisfactions, or in any way whatsoever touching or concerning the same. 3. This Contract shall be and constitute an independent covenant and shall operate and be effective as well with respect to all work and labor done and materials and services furnished under any revision or amendment of said Contract or under any supplemental or additional contract for extra work, although not herein referred to, as to work and labor done and materials and services furnished under the above mentioned Contract. 4. The Contractor hereby warrants that no work or labor, of whatsoever kind or nature, has as yet been done and that no materials or services whatsoever have as yet been furnished by anyone, under, towards or in connection with the execution or performance of said Contract. 5. This waiver shall bind the Contractor and its successors and assigns. IN WITNESS WHEREOF, Owner and Contractor have caused these presents to be executed this 3e° day of OCrO'0~ ,2003. Owner: Robert A. Kettenring CONTRACTOR: Rine and Rine Builders By Carl 15. Mowery EXHIBIT "A" ALL the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the westerly edge of Freedom Drive, corner of Lot G-17 on the hereinafter referred to plan of lots; thence by said Lot G-17 South 79 degrees 39 minutes 00 seconds West 130 feet to an iron pin on the line of other lands of the Grantor herein, North 10 degrees 21 minutes 00 seconds West 90 feet to an iron pin at corner of Lot G-15 on said plan of lots; thence by said Lot G-I 5 North 79 degrees 39 minutes 00 seconds East 130 feet to an iron pin on the westerly edge of Freedom Drive; thence with the westerly edge of Freedom Drive South 10 degrees 21 minutes 00 seconds East 90 feet to an iron pin, at the place of BEGINNING. BEING Lot G-16 on subdivision plan prepared by Carl D. Bert, dated April 10, 2002 entitled "Land Subdivision for Rine Estates, Phase VII" and recorded in Cumberland County, PA, Plan Book 86, Page 29. BEING the same real estate conveyed to the Mortgagor herein by deed of J. Gary Rine and Virginia B. Rine, his wife, and Darrin G. Rine and Loretta L. Rine, his wife, dated October /t ,2003 to be recorded immediately prior hereto. SUBJECT to the provisions of the declarations of covenants and restrictions for Rine Estates Subdivision, Phases 1 and II, dated October 2, 1998, and recorded in Cumberland County, PA, Deed Book 590, Page 1071. SUBJECT FURTHER to the conditions, restrictions, notations, and easements as shown on the aforementioned plan of lots as fully as if written out at length herein.