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Home My WebLink About08-301108 - 30 l l lu ~ RESIDENTIAL BUILDING (LESS THAN ONE MILLION DOLLARS) CONTRACTOR'S WAIVER OF LIENS (49 P.S. 1402) THIS AGREEMENT made and concluded this ~ day of May, 2008, between GREG S. GARVIN and AMY K. GARVIN, husband and wife, of 97 Quigley Road, Newburg, PA 17240, Pennsylvania (the "Owner") and J & M Building Contractors, of 1844 Ritner Highway, Shippensburg, PA 17257 (the "Contractor"). THE BACKGROUND of this Agreement is as follows: A. By a duly executed written agreement (the "Contract") Owner and Contractor have contracted for the erection, construction, alteration or repair of a residential building with a contract price of less than one million dollars (the "Improvement") to be erected on real estate described in Exhibit "A" attached (the "Property"), which has an address of Lot 4, on Instrument Number 200806789 recorded in Recorder of Deeds Office of Cumberland County B. By the terms of the Contract, Contractor has covenanted, promised and agreed that no mechanics' or materialmen's liens or claims would be filed or maintained in the Property or any part thereof, or the cartilage or cartilages appurtenant thereto, either by himself or any subcontractor, or anyone else for or on account of any work, labor or materials supplied in the performance of the Contract, or under any supplemental contract or for extra work, in the erection, construction or completion of the Improvement on the Property or any of the cartilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: 1. The Contractor, for himself or any subcontractor, and anyone else acting or claiming through or under him, for and in consideration of the Contract and the considerations mentioned therein, 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 furnished under the Contract or by any other party acting through or under them or any of them for and about the Improvement 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 whatsoever against Owner for any work done or labor or materials furnished under the Contract for and about the erection, construction and completion of the Improvement, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. This Agreement waiving the right of lien (as provided for in 49 P.S. § 1402) 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 Improvement as to any work and labor done and materials furnished 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 date and year first above written. OWNER: CONTRACTOR: J & M Building Contractors ~~~~ ~~ EXHIBIT "A" ALL the following described real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, designated as Lot "4" as shown on a "Final Subdivision Plan for Timothy C. Madeiros" prepared by Eric L. Diffenbaugh Professional Land Surveyor, dated September 18, 2007, which plans has been approved by the appropriate municipal authorities as a final Subdivision Plan, and which is recorded in the Office of the Recorder of Deed in and for Cumberland County, Pennsylvania at Instrument Number: 200806789, more particularly described as follows: BEGINNING at a set railroad spike in or near the centerline of T-384, also known as Quigley Road, on the aforementioned subdivision plan; thence with said road, South 25 degrees 16 minutes 46 seconds East 255.03 feet to a set rail road spike in or near the centerline of Quigley Road; thence with Lot 5 as described on the aforementioned subdivision plan, the following courses and distances: South 59 degrees 24 minutes 50 seconds West 249.55 feet to a set iron pin; thence South 71 degrees 02 minutes 14 seconds West 522.10 feet to a set iron pin; thence South 79 degrees 38 minutes 21 seconds West 637.19 feet to a set iron pin at lands now or formerly of Titus H. Gehman, Jr. and JoAnne W. Gehman; thence with said lands, North 00 degrees 29 minutes 37 seconds West 340.00 feet to a set iron pin at lands now or formerly of Timothy C. Madeiros; thence with said lands, North 76 degrees 12 minutes 20 seconds East 1265.93 feet to a set railroad spike in or near the centerline of T-384, also known as Quigley Road, the place of beginning. CONTAINING 10.3602 acres in accordance with the above referenced subdivision plan. W f~ -da- ~ ~ ~ 0 -` D ~ a ~? Cl *'~ cY ° O ~,~ ~ ~ ~i~-.' ~ G? yr ~ `~; ~.r; . t~r C7 t~ r ` _; ~ ~ T ~ ;, r ~ y- cl ~__ ~ ~~ ~ ~ ~ ~ c~, ~ ~ crr ~