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HomeMy WebLinkAbout04-3370WAIVER OF LIENS ~/-//-' 33 '~,~ ,t~q ~.3 .~ KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, James W. Ferkel and Teddy Joy Ferkel (collectively the "Owner") and Rine & Rine Builders, Inc. ("Contractor") have entered into an agreement ("Agreement") relating to the construction of certain improvements to a parcel of real property known as Lot//33 Jefferson Court, South Middleton Township, Cumberland County, Pennsylvania, having an address of 410 Woodland Lane, as more particularly described on Exhibit A attached hereto ("Premises"), as part of the consideration for which agreement this Waiver is given; WHEREAS, the Contractor has covenanted, promised and agreed that no mechanics' liens or claims will be entered and filed against the Premises by Contractor, its subcontractors, vendors, materialmen, laborers or anyone else for any work, material or labor supplied in the performance of the Agreement or any supplemental agreement for extra work. NOW, THEREFORE, Contractor, intending to be legally bound hereby, in consideration of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt of which is hereby acknowledged, as well as for and in consideration of the entry by Owner thereunder, it is stipulated and agreed that neither the undersigned Contractor, any subcontractor, vendor, materialman, laborer, nor any other person furnishing labor or materials to Contractor with respect to the Agreement shall file a lien, commonly called a mechanics' lien, for work done or materials furnished to the buildings or improvements located on the Premises or any part thereof. This stipulation and agreement waiving the right of lien shall be an independent covenant and shall also operate and be effective with respect to work done and materials furnished under any supplemental agreement or arrangement for extra work in the erection, construction and completion of any buildings or improvements on the Premises. In the event that any mechanic's liens or claim is filed by the undersigned, undersigned hereby irrevocably waives any right to a jury trial in any action to strike or discharge the lien. If the undersigned or any contractor or materialmen claiming by, through or under the undersigned files a mechanic's lien, notwithstanding this Waiver, the Owner or the Owner's representatives, successors or assigns shall have the right to discharge the lien by appropriate legal proceedings and to retain out of any payment then due or thereafter to become due to the undersigned an amount sufficient to completely reimburse and indemnify Owner against expenses and losses resulting from such lien. Expenses and losses shall include any attorney's fees, surety bond premiums and other costs incurred in attempting to discharge or remove such lien and nay damages or other losses resulting form such lien all of which the undersigned agrees to pay. If any payment then due to the undersigned by Owner is not sufficient to reimburse and indemnify Owner by way of off-set as aforesaid, the undersigned agrees to pay the amount of the difference to Owner upon demand. The undersigned hereby warrants and represents that as of the execution of this Waiver, no work of any kind has been done and no materials or supplies of any kind have been furnished in the performance of the aforesaid Agreement or any supplemental agreement of extra work in the erection, construction and completion of any buildings on the Premises or otherwise. This Agreement and Waiver is made and intended to be filed with the Prothonotary of the Court of Common Pleas of the County where the Premises are located and Contractor agrees that it, ail subcontractors, vendors, materialmen, laborers on said work shall look to and hold Contractor liable for the Agreement, materials fumished and work and labor done, so that there shall not be any legal or lawful claims of any kind whatsoever against Owner for any work done or labor or material furnished under the Agreement with the Contractor. It is expressly understood that the foregoing Waiver and all of the provisions and remedies herein contained shall be available to and for the protection of Owner. IN WITNESS WHEREOF, Contractor and the Owners have signed and sealed these presents as of the 9th day of July, 2004. RINE & RINE BUILDERS, INC.: President OWNER: Witness rkel Teddy Joy F~rke~V ~ On this, th day of ' ~ ,2004 before me, a Notary Public for the Commbnwealth of Pennsylva0ia, persor~ly appeared James W. Ferkel and Teddy Joy Ferkel known to me (or satisfactorily proven) to b~/the person(s) whose name(s) subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. NOTARIAL $EAL RENEE L. MURRAY, Notary Publ/c .c..e~sle Boro, Cumberland Courlty, PA On this, the __~L~ day of~/¥-[~ , 2004, bet/pre me, a No.tary P~blic . in and for the Commo6wealth ofpe_n~yl~/ania, I~sonally appeared /~f'~¢/].~.. /e ~ j who acknowledged himself/herself to be the President of Rine & Rine Builders, Ii~. and'that he as such officer, executed the foregoing instrument on behalf of such corporation for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand. and official seal. NOTARIAL SEAL RENEE L. MURRAY, Noa~y Public Carlisle Boro, Cumberland County, PA My Oommi~icn Expires Dec. 13, 2005 Exhibit A ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, and more particularly identified as follows: BEGINNING at a point on the northern right of way line of Woodlawn Lane (a 50 feet wide right of way) on the dividing line between Lot No. 33 and Lot No. 34 of the aforementioned Subdivision Plan; thence along said dividing line North 00 degrees 36 minutes 14 seconds West, a distance of 233.00 feet to the intersection of Lot No. 29, Lot Lo. 33 and Lot No. 34 of the aforementioned subdivision Plan; thence along the dividing line of Lot No. 29, Lot No. 30 and Lot No. 33, North 89 degrees 23 minutes 46 seconds East a distance of 90.00 feet to a point at the intersection of Lot No. 31, Lot No. 32 and Lot No. 33 of the aforementioned Subdivision Plan; thence along the dividing line of Lot No. 32 and Lot No. 33, South 00 degrees 36 minutes 14 seconds East a distance of 233.00 feet to a point on the northern right of way line of Woodlawn Lane (a 50 feet wide right of way); thence along said Woodlawn Lane, South 89 degrees 23 minutes 46 seconds West, a distance of 90.00 feet to a point on the northern right ofway line of Woodlawu Lane (a 50 feet wide right of way) the point and place of BEGINNING. BEING Lot No. 33 on the Final Subdivision Plan of Jefferson Court, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 87, Page 146.