HomeMy WebLinkAbout04-0048WAIVER OF RIGHT TO FILE MECHANICS' LIEN
THIS AGREEMENT is made and entered into this ~ day of
~-,enn~D~ , 2003, by and between Ronald M. Fevola and Natalie A.
Fevola, his wife, Bradford Place, Carlisle, Pennsylvania, 17013,
hereinafter called Owner, and Yanek Custom Homes, Inc., 8 South
Ridge Road, Boiling Springs, Pennsylvania 17007, hereinafter called
Contractor. WITNESSETH:
WHEREA~S, 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 within the meaning of the
Mechanics' Lien Law of the Commonwealth of Pennsylvania;
WHEREAS, Contractor, by this agreement, has promised,
covenanted, and agreed that no mechanics lien or materialmen's
liens shall be filed or maintained against the real estate of the
Owner;
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.
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 Ronald M. Fevola and
Natalie A. Fevola, his wife, Bradford Place, Carlisle, Pennsylvania
17013 and the real estate of the owner is described as real estate
lying and being situate in Dickinson Township, Cumberland County,
Pennsylvania and more fully described as the same real estate that
Ronald M. Fevola and Natalie A. Fevola, his wife, Bradford Place,
by their deed dated December 19, 2003, and recorded in Cumberland
County Deed Pennsylvania Book Volume , Page , conveyed unto
the Owner, which description is incorporated by reference herein.
6. The Contractor is Yanek Custom Homes, Inc., 8 South Ridge
Road, Boiling Springs, Pennsylvania 17007.
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.
ATTEST:
By
By
Ya~/Cugfom Homes, Inc.
Natalie A. Fevola
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF FRANKLIN :
SS
Onthis Ic') dayof t'g")¢c¢cxaU~e, sc ,2003, beforeme, aNotary
Public, the undersigned officer, personally appeared Steve Yanek of Yanek Custom Homes, Inc.,
known to me (or satisfactorily proven), to be the person whose name is subscribed to the within
instrument, and acknowledged the foregoing instrument to be his act and deed, and desired the
same to be recorded as such.
Witness my hand and official seal, the day and year aforesaid.
C[lambersburg ;qcro, Franklin Comity
My Commission Expices Scm, 3,
Notary Public
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA :
: SS
COUNTY OF FRANKLIN :
On this I q day of ~ cc e oc~k;< ~ ,2003, before me, a Notary
Public, the undersigned officer, personally appeared Ronald M. Fevola and Natalie A. Fevola, his
wife known to me (or satisfactorily proven), to be the persons whose names are subscribed to the
within instrument, and acknowledged the foregoing instrument to be their act and deed, and
desired the same to be recorded as such.
Witness my hand and official seal, the day and year aforesaid.
Notary Public