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Home My WebLink About08-2896IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PJ23, LLC : ag - as9~ Nt~p Second State Enterprises, Inc. WAIVER OF LIENS CONTRACT WAIVING RIGHT TO FILE MECHANICS CLAIMS WHEREAS, PJ23,LLC, hereinafter called "Owner", and Second State Enterprises, Inc., hereinafter called "Contractor", have entered into or intend to enter into a certain Construction Contract, wherein the Contractor agrees to furnish, inter alia, all the labor, materials and services necessary or contemplated for the construction/ renovationslimprovements of Owner's property located in Cumberland County, Pennsylvania, which property is more particularly described in 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 all 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, their heirs, fiduciaries and assigns, as follows: 1. No lien of 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 i 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. 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 b Contractor or any subcontractor, materialman or laborer r against said property or curtila e acts this shall be g ~ or any part thereof, for such act or y; and a reference to the ouod'a term and numberarin which andhwhere Contract shall have been filed shall be sufficient evidence of tthe authority herein contained to warrant such action. Contractor for the Contractor all subcontractors, Said 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 anyone, under, towards or in connection with b he executhoa 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 1st day of May 2008. OWNER: PJ23, LLC Berna d W s augh, II(manager) /~'y?~vu.~f -L~le CON`T'RACTOR Second State Enterprises, Inc. Bernar L a h Baugh, II(president) ~i°~~~~" Exhibit A Tract No. l ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right of way line of Commerce Drive (T-410) at lands now or formerly of George W. Ferguson and Maureen A. Ferguson; thence from said point North ten degrees two minutes fourteen seconds West (N 10° 02' 14" W), two hundred sixty and sixty- six hundredths feet (260.66') to a point at the southern right-of--way line of Interstate Route Number 81 (S.R. 0081); thence along said right_of-way line South ei minutes seven seconds East (S 86° 43' 07" E), ninety-five and ei ~~-six degrees fortythree to a point; thence by the same South ei ghty-two hundredths feet (95.82') East (S 87° 39' 12" E), one hundred se gentyfive and twentyhforu hundredths feet (175.24 tos point; thence along Lot No. 14, South five degrees two minutes fourteen seconds East (S OS° 02' 14" E), two hundred twenty-three and eight hundredths feet (223.08') to a point at the northern right-of--way line of Commerce Avenue (T-410); thence by the same South eightyfour degrees fifty-seven minutes forty-six minutes West (S 84° 57' 46" W), two hundred forty-five and eighty-eight hundredths feet (245.88') to a point and place of BEGINNING, Tract No.2 ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right-of--way line of Commerce Avenue (T-41 O) and along Lot 13, Noah-.five degrees two minutes fourteen seconds West (N OS° 02' 14" W), ~,o hundred twenty-three and twenty-eight hundredths feet (223.28') to a point at the southern right-of--way line of Interstate Route 81 (S.R. 0081); thence along said right-of--way line South eighty-seven degrees thirty-nine minutes twelve seconds East (S 87° 39' 12" E), two hundred twenty-four and eighty-nine hundredths feet (224.89') to a point; thence by the same South eighty-six degrees thirteen minutes sixteen seconds East (S 86° 13' 16" E), forty-three and twenty-five hundredths feet (43.25') to a point; thence leaving said right-of--way line along Lot 15 South seventeen degrees fifty-seven minutes forty-one seconds West (S 17° 57' 41 " W), tH,o hundred twenty-seven and nine thence along the northern right-of--way line of Commerce Avenue (T 410) by a urvoe to the left having a radius of two hundred twenty-five and zero hundredths feet (225.00'), an arc length of one hundred and ninety-five hundredths feet (100.95') (said arc having a chord bearing of North eighty-two degrees thirteen minutes forty-five seconds West (N 82° 13' 45" W) and a length of ninety-nine and seventy-six hundredths feet) (99.76') to a point; along the same South eighty-four degrees fifty-seven minutes fo W), seventy-nine and forty-one hundredths feet (79.41~o a point and pla e(of BEGINNING. ~ ~ ~ ~ ~ ,~ ~;; o ~=:_ ~ o v ,~ ~: ,~ \ z w ~ ~ .a 'n n O -~ ~ -~ ~N ~./ r.a c°~ ~~ ~3 -z, ~, ~ ~ ~ ~~ un