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Home My WebLink About05-3485 o. INDEX AS FOLLOWS: DOUGLAS PYFER t/a/d/b/a PENNSYLVANIA REMODLERS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Contractor v. NO. ROY E. SELF CYNTHIA K. SELF Defendant/Owners NO. O!{' 3'fSs' "" /.-J} and ROY E. SELF CYNTHIA K. SELF Plaintiff/Owners v. Agreement Waiving DOUGLAS PYFER t/a/d/b/a PENNSYLVANIA REMODLERS Mechanics' Lien Claims Defendant/Contractor AGREEMENT AND WAIVER OF MECHANICS' LIENS KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, DOUGLAS PYFER, t/a/d/b/a PENNSYLVANIA REMODELERS, hereinafter referred to as CONTRACTOR, has entered into a construction contract dated pJf!t 8 J ';;;005 ,as the same may be amended and supplemented from time to time, the AGREEMENT, with ROY E. SELF, t/a/d/b/a, BABINEAU OPTICIANS, who together with CYNTHIA K. SELF, his wife, both hereinafter referred to individually and jointly as OWNER, are owners of the real estate located at 5295 E. Trindle Rd., Mechanicsburg, PA 17050, as described more particulary in Exhibit "A" attached hereto, hereinafter referred to as the PREMISES, for the erection and construction of an addition and improvements to the existing structure on the said PREMISES, and hereinafter referred to as the PROJECT; and Page 1. WHEREAS, MEMBERS 1st FEDERAL CREDIT UNIDN, hereinafter referred to as LENDER, has advanced or will advance, subject to the terms of its loan documents, certain funds to OWNER to be secured by an encumbrance on the PREMISES: and WHEREAS, it is agreed between OWNER and CONTRACTOR, that for the purposes of this Agreement, CONTRACTOR and all subcontractors, materialmen, laborers, suppliers and all other parties providing labor or services, or goods or material, are identified and defined as and referred to in this Agreement individually and collectively as the WAIVING PARTIES. WHEREAS, it is the intention of the OWNER and the CONTRACTOR that: (a) neither the PREMISES, the estate or title of OWNER in the PREMISES, the improvements thereon erected and/or to be erected, nor the curtilage or curtilages appurtenant thereto, shall now or hereafter be subject to a Mechanics' Lien of any kind for any debt or debts due by OWNER to CONTRACTOR or for any debt or debts due by OWNER or CONTRACTOR to any of the WAIVING PARTIES, whether such debt or debts be for contracts or subcontracts executed, or for materials, labor, work, superintendence, goods or services furnished in connection with the erection and construction of the addition and the improvements, ( the PROJECT); and (b) the right of anyone, including all WAIVING PARTIES, to claim any such Mechanics' Lien be waived hereby. NOW THEREFORE, CONTRACTOR, intending to be legally bound hereby, in consideration of the sum of One ( $1.00 ) Dollar, to CONTRACTOR in hand paid, the receipt of which is hereby acknowledged, as well as for and in consideration of the entry by OWNER into the AGREEMENT and for the benefit of the OWNER does hereby, for CONTRACTOR and any and all of the other WAIVING PARTIES, expressly waive and relinquish all right to file a Page 2. Mechanics' Lien, Mechanics' Lien Claim or Notice of Intenion to file either and does covenant and agree that no Mechanics' Lien, Mechanics' Lien Claim or Notice of Intention to file any such Mechanics' Lien or Claim shall be filed or maintained by or in the name of CONTRACTOR or any of the other WAIVING PARTIES against the PREMISES, or any interest of OWNER therein, for or on account of any work done or materials furnished under the AGREEMENT or under any supplemental contract or contract for extra work, written or verbal, for or about the management, superintendence, erection, construction, alteration, repair and completion of the PROJECT, or any part thereof, or preparation therefore, and all of the WAIVING PARTIES ( other than CONTRACTOR) shall look to and hold CONTRACTOR personally liable for all contracts, subcontracts, material and supplies furnished, and work and labor done, so there shall be no legal or lawful Mechanics' Lien and/or Mechanics Lien Claim of any kind whatsoever against OWNER and/or LENOER for any work or labor done, or materials or supplies furnished, under the AGREEMENT or under any supplemental contracts, verbal or written, or contracts for extra work for or about the management, superintendence, erection, construction, alteration, repairs and completion of the PROJECT or any part thereof, or preparation therefore, or any of them or otherwise. THIS AGREEMENT waiving the right of lien shall be an independent covenant by CONTRACTOR and shall operate and be effective as well with respect to any and all work done and materials furnished under any supplemental contract for extra work in connection with the PROJECT on the PREMISES to the same extent as any work and labor done and materials furnished under the AGREEMENT. Page 3. TO GIVE OWNER full power and authority to protect the PREMISES against any and all Mechanics' Liens, Mechanics' Lien Claims or Intentions to file such Liens or Claims filed by any of the WAIVING PARTIES or in violation of this Agreement, CONTRACTOR, for CONTRACTOR and all other WAIVING PARTIES hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania or any Attorney of any court or jurisdiction, to appear for in any said courts or jurisdictions for CONTRACTOR, and all WAIVING PARTIES, or any of them, as many times and as often as OWNER deems necessary, and to mark satisfied of record, at the cost and expense of CONTRACTOR, or any such of the WAIVING PARTIES or any other party, any and all Mechanics' Lien or Liens, Mechanics' Lien Claim or Claims, and/or Intention or Intentions to file a Mechanics' Lien or Claim, filed by or for them or any of them, or in his, hers, its or their name against the PREMISES, or any part thereof, and, for such act or acts this shall be a good and sufficient warrant and authority, and a reference to the court and term and number or place in which this Agreement and Waiver shall have been filed shall be a sufficient exhibit to the authority herein contained to warrant such action; and CONTRACTOR, for CONTRACTOR and all WAIVING PARTIES, does hereby remise, release and quitclaim unto OWNER and LENDER, their successors and assigns, and them and each of their certain attorney or attorneys any and all manner of error and errors, defects and imperfections whatsoever in entering such satisfaction or anyway touChing or concerning the same. This Agreement and Waiver is made and intended to be filed with the Prothonotary of the Court of Common Pleas of Cumberland County, the County in which the PREMISES and PROJECT are situate, in accordance with the requirements of the PENNSYLVANIA MECHANICS' LIEN LAW of 1963, ( 49 P.S. Section 1401, et seq., as amended ). Page 4. All of the foregoing waiver provisions and remedies herein contained shall be available to and for the protection of the OWNER and LENDER, their heirs, successors and assigns. IN WITNESS WHEREOF, intending to be legally bound, this Agreement and Waiver has been duly executed by the parties this ~/ " yP'.. ~ w""a /?~ witnessV //'~ . /" ' / ,'. // /'" / - L. C---~ ~~/' .,/ ",- .-' ~ Witnes;- /b Page 5. , 2005. I')T..... o day of duly Dou as yfer, t/a/d/b/a Pennsylvania Remodelers, Contractor ALL THAT CERTAIN tract of land situate on the North side of the Trindle Road, in the Township of Hampden, County of cumberland and commonwealth of pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of said Trindle Road and at the corner of lands now or formerly of Samuel Fetrow; thence along the center line of said Trindle Road, South 68 degreeS West 127.7 feet to a point; thence along land now or formerly of Elizabeth May Hollinger, of which this tract was formerly a part, North 24 degreeS 30 minutes West 397.3 feet to a stake; thence along lands now or formerly of the United States of America (U.S. Naval SupplY Depot), North 63 degreeS 30 minutes East 76 feet to an iron pin; thence along land now or formerly of Samuel Fetrow South 31 degreeS 25 minutes East 412.5 feet to a point in the center line of the aforesaid Trindle Road, and at the place of BEGINNING. BEING THE SAME PREMISES which Ray E. Bender, Sr. and Dianne Kettering Bender, his wife, by their deed dated April 4, 1986 and recorded April 15, 1986 in the Office of the Recorder of Deeds for cumberland County in Deed Book V, Volume 31, Page 71, granted and conveyed to Raymond W. Babineau and Jean A. Babineau, his wife; AND BEING THE SAME PREMISES which Raymon& W. Babineau and Jean A. Babineau, his wife, by Agreement of Sale dated April 1, 1992 and recorded April 6, 1992 ir. Misc. Book 415, Page 701 agreed to sell to Roy E. Self; the aforesaid agreement having been amended by agreemen0 of thG parties on June 4, 1997 reducing the total sale price to $207,000.00. Jean A. Babineau died on March 9, 1995, whereupon title vested by operation of law in Raymond W. Babineau, grantor herein. Exhibit "A" -~~'"~--_.._._..._'---,.-- .P ~ '- \:' \:' -.! -<) ~<) ..... ~ ~ ff f ~ f .. ...... .c", c9 (") c !]5 ~~'~ --"';- ())" [:-- i.:: /', . 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