HomeMy WebLinkAbout04-1451 Law Offices
IRWIN, McKNIGHT & HUGHES
60 West Porafret Street, Carlisle, Pennsylvania 17013-3222
WAIVER OF LIENS
THIS AGREEMENT, mede and concluded this .~/ ~'' day of March, 2004 between
ERIC D. STOUFFER AND MARY C. STOUFFER of 1416 Bradley Drive, Carlisle, Pennsylvania, 17013, parties
of the first part (hereinafter called Owner),
AND
ROBERT COLDSMITH GENERAL CONSTRUCTION,, w/th its principal offices located at 137 Pine Tree Drive,
Newville, Cumberland County, Pem~sylvania, 17241, party of the second patl (hereinafter called Contractor).
WHEREAS, the said parties have by a duly executed agreement under seal, dated ,2004, entered into
a written contract for construction cfa single family dwelling located at Lot 19, Pheasant Lane, Yorkfield, South Middlcton
Township, Cumberland County, Pennsylvania, more particular described in the attached Exhibit A.
NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in considaration of the contract aforasaid
and the consideration mentioned thereunder, as well as the further consideration of Oun ($1.00) Dollar to him in hand paid by the
Owner at or before the sealing and delivery of these presents, the rece4pt whereof is heraby acknowledged, 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 m~;mtained
against the said building or buildings or the curtilage or curtilagas appurtenant thereto, by Contractor or by any sub-contractor,
naaterialmen or laborers for work done or materials furnished under said contract or by any other party acting through or under
them or any of them for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors,
matarialmen, and laborars on said work shall look to and hold Contractor personally liable for ail sub-con~'acts, materials
famished and work and labor done, so that there shall not be any legal or lawful claira of any kind whatever against Owner for
any work done or labor or raateriais famished under said contract for and about the erection, conslxmction and completion of said
buildings as aforesaid, or under any contract for extxa work, or work supplemental thereto, or otherwise.
AND this AgreeTnenl 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 furnished under any supplemental contract for extra work in the erection,
construction and completion of said building or buildings as to any work and labor done and materials furnished under the
contract aforesaid.
AND, in order to give the Owner fall power and authority to protect himself and the lot or lots of ground against any
and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said
Contractor for himself, themselves, itself~ hereby irrevocably authorizes and empowers any Attorney of any Court of Common
Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common
Pleas as Attorney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor
or of any Sub-Contractor or Matexialman, or Material men, any and all claims or claim, lien or liens, filed by or for the
Contractor, or any Sub-Contractor or Material man, or in his or their name against said building or buildings, lot or lots of
ground or atly pa~'t thereof end for such act or acts this shall be good end sufficient warrant and authority, end a reference to the
Court, Term end Number in which end wheee this Agreement shall have been filed shall be a sufficient exhibit of the Authority
herein contained to warrant such action, end the Contractor for himself, themselves, itself, do hereby remise, release end quitq
claim all rights end all mourner of errors, defects end imperfections whatsoever in entering such satisfaction or in any- wise
touching or concerning the senae.
IN WITNESS WHEREOF, the said parties have hereunto set their bends end seals dated the day end year first above
written.
WITNESSES PRESENT:
ERIC D. STOUFFER Owner
(SEAL)
(SEAL)
ROBERT COLDSMITH
GENE/~L CONSTRUCTION
ROBE~ COLDSMITH, III Contractor
(SEAL)
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