HomeMy WebLinkAbout04-6218FRO~IRWIN & ~cKNIGHT LAW OFFICES
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La~ Oyfices
IRWIN & .~¢KNIGI-~T
60 P/est Pomfret Street, Carlisle, Pennsylvaniu ] 7013-3222
WAIVER OF LIENS
THIS AGREEMENT, made and concluded th(s 29 day of November, 2004 between
GAY K. PELPER, single woman, of 50 Mont Sera Road, Carlisle Cumberland County, Pennsylvania, parties of the
first part (hereinafter called Owner).
Xa'3.C.
CHESAPEAKE MOBI~E HOMES SALES OF ABBOTTSTOWN, PENNSYLVANIA., of 580 Bowcreek Road
Grantvllle, Pa , Dauphin Counu, Pennsylvania, party of the second part (hereinafter called
Contour).
WHEREAS, the said parties have by a duly executed aucement under seal. dated Novo'nbcr ,2004. entered into
a written ~ontract for construction ora single family dwelling located at 50 Mom Sera Road, Carlisle, Dickinson Township,
Cumberland County, Pennsylvania, more particularly described in Cumberland County Deed Book , Page
NOW THIS AGREEMENT Wi'I'NESSETH: That the Contractor for and in consideration of thc contract aforesaid
and the consideration mentioned thereunder, as well as the further consideration oFOnc ($1.00) Dollar to him in hand paid by the
Owner at or b~or¢ the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does her(by covenant,
promise and agree that no mechanics' licn or c)aim or other lien or claim of any kind whatsoever shall be filed or maintained
against the said building or buildings or the curtil~g~ or cartilages appurtenant thereto, by Contractor or by any sub-contractor,
materialmen 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 there, of, and that all sub-contractors,
matcriatmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-conrrams, materials
furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner, ('or
any work done or labor or materials fumish~ under said contract for and about the erection, construction and completion of said
buildings a.q albresaid, or under any contract for extra work, or work supplemental thereto, or otherwise.
AND this Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as
well with resp~.-ct to work done and materials ~mished under any supplemental contract for extra work in the erection,
construction and completion of said building or buildin~ as to any work and labor done and materials furnished under the
contract aforesaid.
AND, in order to give the Oamer full power, and aulhority to protect himself and the lot or lots of ground again.qr any
and 'gl claims filed by the Contractor or anyone acting under or through him or it in violation oFthc foregoing covenant, the said
Contractor for himself, themselves, itself, hereby irrevocably authoriz~ and empowers any Attorney of any Couxx of Con'umon
Plms ofthe Con'u-nonwealth of Pctmsyivani~, to appear for him, them, k, or any of them, in any of the said Courts of Common
Pleas as Artomcy for him, then or it and in his, their, its, name, m,xrk satisfied of record at the cost and expense of thc Contractor
,, ,o-~uu~ I~:~Z FROM-IRWIN &McKNIGHT LAW OFFICES +?lTZ4g~354 T-952 PDD2/DD2 F-B3T
or of any Sub-Contractor or Matcrialman, or Material men, any and all claims or claim, licn or liens, filed by or for the
Con~ractor. or any Sub-Contractor or Matcria) man, or in his or Ih~r name against said building or buildings, )et or Io~ of
ground or any part thereof' md tot such act or acrs this shall be good and sufficient warrant and authority, and a reJ'erenc= to kc
Court, Term and Numbcr in which and where this Agreemerlt shall have been fi)cd shall be a sofficient exhibit of t.he,Authorl .fy
herein contained to warr~t such action, and the Contractor for himself, thcmselves, itsrlf, do hereby r~aisc, release and quh-
claim all rights and all manner of errors, defects and inlpertec6ons whatsoever in emoting such sa6siacfion or in ~ny- wise
touching or concerning die s~nc,
IN WITNESS WHEREOF. thc said parties havc hereunto sci their hands and seals dated thc day ~nd year fir.~t ~bovc
written.
WITNESSES PRESENT:
OWlleF
CHESAPEAKE MOBLE I'IOMES SA.LES OF
ABOTTSTOWN, PENNSYLVANA
2
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