HomeMy WebLinkAbout01-2230IEFFREY A. LUNDEEN,
Owner
LORNE G. SEIFERT, INC.,
Contractor
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTW, PENNSYLVANIA
: WAIVER OF LIEN5
CONTRACTOR'S WAIVER OF LIENS
THIS AGREEMENT made this /.~ day of April, 2001, between Jeffrey A. Lundeen,
an adult individual, with his office at 840 State Street, Lemoyne, Pennsylvania ("Owner") and
Lorne G. Seifert, lac,, a PennsyJvania corporation, with its offices at 65 Carlisle Road,
DilJsburg, Pennsylvania l"Contractor").
WHEREAS, by a duly executed written agreement dated March 13, 2001 (the
"Contract"), Owner and Contractor have contracted for the contractor's construction of the
foundation, footers, concrete slab and all other specified concrete work for the erection
thereon of a new 48,000 square foot manufacturing facility and all other matters pertaining
thereto in accordance with the Contract (the "Improvements") on Parcel 20 (8.7+ ac.)
Outlook Lane, situate in Shippensburg Township, Cumberland County, Pennsylvania (the
"Property"), said Property being more particularly described In Exhibit "A" atlached hereto
and by this reference incorporated herein; and
WHEREAS, no authorization has yet been given by Owner to Contractor to
c,mmence its work or purchase materials for same; and
WHEREAS, no work has commenced on the Property and no labor or materials have
been delivered to the Property or furnished for the Improvements by Contractor or any sub-
contractor or materialman.
NOW, THEREFORE, the Contractor, for itself, its successors and assigns and anyone
else acting or claimin$ through or under it, for and in consideration of the Contract and the
considerations mentioned therein, and intending to be legally bound hereby, does hereby
agree as follows:
1. Waiver of Liedq. Contractor hereby waives and relinquishes all rights 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
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Owner in the Property as described in Exhibit "A" or the curtilage or curtilages appurtenant
thereto, by or in t~e name of Contractor or by or in the name of any subcontractor,
materialman or laborers for work done or materials furnished under the Contract or by any
other party acting through or under them or any of tiqem for and about the Improvements or
the Property or any part thereof, or on credit thereof, and that all subcontractor,
materialman, and laborers on the work shall look to and hold Contractor personally liable for
all subcontracts, materials furnished under the Contract for and about the erection,
construction and completion of the Improvements, or under any Contract for extra work, or
for work supplemental thereto, or otherwise.
2. Independent Covenant. This Agreement waiving the riilht 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 the said Improvements and as to any work and labor done
and materials furnished under the Contract.
3. Power of Attorney. In order to give Owner full power and authority to protect
itself, the property, the estate or title of Owner therein, and the appu~tenance~ thereto,
against any and all liens filed by Contractor or anyone actin8 under or through it in violation
of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any
attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania [o (i) appear
as attorney for it, them or any of them, in any such Court, and in its or their name or names,
to the extent permitted by law, mark satisfied of record at the cost and expense of Contractor
or of any subcontractor or materialman, any and all lien or liens, filed in violation of the
foregoing covenant, or (ii) cause to be filed and served in connection with such lien or liens
any pleading or instrument, or any amendment to any pleading or instrument previously filed
by it or them, and to incorporate therein, as part of the record, the waiver contained in this
instrument; and for such act or acts this Instrument shall be. good and sufficient warrant and
authority. A reference to the court, term and number in which and where this agreement
shall have been filed shall be conclusive evidence of the authority herein to warrant such
action, and Contractor, for itself and for them, hereby remises, releases and quit-claims all
rights and all manner of errors, defects and imperfections whatsoever in enterln8 such
satisfaction or in filing such pleading, instrument or amendment, or in any way concerning
them. In the event anyone acting through or under contractor shall so file a lien in violation
of the foregoing covenant, Owner may not exercise his rights under this Paragraph 3 unless
such lien has not been stricken or discharged (by payment, posting of a bond or other means)
for a period of mn days after notice of such lien shall have been received by Contractor.
4. Public Notice. This A~reement shall be filed in the Cumberland County
Prothonotary's Office as public notice hereof.
~ 2 -
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IN WITNESS WHEREOF, the said parties, intendin§ to be legally bound hereby, have
caused this Contractor's Waiver of Liens to be executed the day and year first above written.
WITN ESS:
OWNER:
(SEAL)
A'I-rEST:
(SEAL)
CONTI~CTOR:
LORNE G. SEIFERT, INC.
(Vice) ~r~ident
LORIq'E G. SEIFERT, SR.
04/0~/01
09:~4
~7'17 231 6669 RIt0AD$&SINON LLP
PIP, ST AMERICAN TITLE INSU~CE COM~/~Y
PROPERTY DESCRIPTION
004
The land referred ~o in :his Policy is described as follows~
ALL THA? CERTAIN tract or parcel of la~ lying and hein~ situate in
ShippensDurg Townsh!;, Cumberland County, ;ennsylvania, anti b=in9 i~sntlfied
as L~= NO. 20 on S~bdivis~on Plan of Outlook Point= of ShipDensbur9, said Plan
bein~ recorded in the Office of the Recorder of De=de of Cumberland County,
Pennsylvania, in Plan~ook 76, Page 67, more felly bounded an~ described .a~
follows:
or formerly of Ca=lisle Hospital and Keal~h Services (Lo= No, 18 on
s~vis~on Pi~ of William Swope, said Pi~ baln~ re~o~md in =he Offio~ of
R~=ox~e= of Deeds of C~rl~ C~=y, ~e~sylv~ia, in Pl~ B~k 74,
99), thence by said lan~s an~ lands now'ox ~rly o~ ~o%el~ ~ Pa.
North 8~ de~reeS, 21 mln==ms 44 seconds w~s=; 411.84 ~c~, to a Doin= in line
of la~ ~w or ~o~rly of Ho~c Refo~ Ch~ch~ thcnc~ by ~i~ lan~s North
01 de~ee, 38 minutes, 15 seconds East, 315.93 feet, =o an iron pin in lin~ of
=o lan~s of Fr~ C. Nye ~ l~s now 0r ~o~erly of Timothy M_ Ny~:
882.81 ~eet, Co ~ iron pin ac co,e= of 1~ now o~ fox.fly o~ D~al~
Nori (Lo= NO. 13 on s~vision Pl=n of willlam swoDe, said Pi~ bein~
recorded in ohm office of Reoor~= o~ Deeds o~ ~erland County,
Pe~aylv~ia, in Pi~ ~OOk 66, Page 18A}; thence by ssi6 i~ds South 05
d~g=ccs, 20 min~Ccs, 47 seconds W=sC~ 583.77 f~ec, CO a po!~C at co,er
Will!am SwoD~ said Plan bei~ recorded in ~he Office of R~corde~ of D~e~s of
C.,~=rland CO~Cy, Pc~sylv&n!a in Plan Book 76, Pa~e 66); chance by ~aid
land~, N~ch 8R ~rees, 21 mlnu~es, 4~'~econ~s WesU, 394.~'~ ~eec, =o a pofn~
on the EksC sl~ Of OUtlook Lane a ~0 fooc wid~ p~lic street; thence by
~ ~oln=;' thence con=tnuin~ by Same on a cu~e Co =he left havln~ a radius
~0.00 fee=, a c~or~ bearing of Nort~ ~ ~c~eas, 21 minu~e~, 4~ ~conds WeSt,
a distance of 241.19 fsmc to a ~oinC; thence continuin~ by same o~ a uu~e
cbc right, h&vin~ a r~ius o~ 2~.00 feet, a chord bearin~ o~ Sou~h 2~
1=~ now or fo~=r!y O~ Ca=lisle Hos~ical ~d Healbh S~ices, oho Dlace