Loading...
HomeMy WebLinkAbout05-5674 MECHANICS' LIEN WAIVER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY To Be Indexed As Follows: ,JJ OS - ~~ 7 L( ,<ALl) Judd W. and Dylan P. Dayton as Plaintiff vs. O'Shea & Brubaker, Inc. as Defendant MECHANICS' LIEN DOCKET and also as follows: O'Shea & Brubaker, Inc. as Plaintiff vs. Judd W. and Dylan P. Dayton as Defendant Dylan P. Dayton, Esquire 25 N. 20th Street Camp Hill, PA 17011 ^ttorncy ID No.: 76438 MECHANICS' LIEN WAIVER Cumberland County. Pennsylvania October 28, 2005 OWNER: Judd W. and Dylan P. Dayton CONTRACTOR: O'Shea & Brubaker, Inc. CONTRACTOR PARTIES: Collectively, the Contractor and all subcontractors, sub- subcontractors, materialmen, and suppliers, and all persons acting for, through or under any of them. CONTRACT: Proposal dated April 26, 2005, Addendum dated June 28, 2005 and Addendum dated July 27, 2005 signcd and accepted on August fIR 2005, between Owner and Contractor" PROPERTY: 25 N. 201h Street Camp Hill, PA A legal description of the Property is attached to this Waiver as Exhibit "A". PROJECT: 20' x 34' Kitchen/Family Room Addition. 1 sl and 2nd /loor renovations. I. For payment of the sum ofTen Dollars ($10.00) and other good and valuable consideration, the receipt and sutliciency of which are hereby acknowledged, and intending to be Icgally bound, the Contractor for itself and all other Contractor Parties, hereby (a) stipulates and agrccs that neither Contractor nor any of the other Contractor Parties shall file a mechanics' lien against thc Property or any part thereol~ or any buildings or improvements on the Property, for work done or materials furni~hed to the Project, and (b) waives and relinquishes any right which Contractor or any of the other Contractor Parties may have to file or maintain a mechanics' lien or claim against the Property or any part thereof or any buildings or improvements on the Property, for work done or materials furnished to the Project. 2. The Contractor hcreby represents and warrants that no work has been done and no matcrials or services have been furnished in the performance of the Contract as of the date of this Waiver. and agrees that no work shall be done and no materials or services shall be furnished until this Waiver has been tiled of record in the Office of the Prothonotary of Cumberland County. -2- 3. The stipulations and agreements contained in this Waiver arc independent of all other covenants and agreements of the Owner contained in the Contract or otherwise. 4. This Waiver shall bc effective with respect to work done and materials furnished under any supplemental contract or arrangement for extra work in connection with alterations and related improvements at the Property. 5. The Contractor. for itself and all other Contractor Parties, hereby irrevocably waives any right to jury trial in any action to strike or discharge any mechanics' lien or claim tiled against the Property or any part thereof, or any buildings or improvements on the Property. 6. If the Contractor or any of the other Contractor Parties files any mechanics' lien or claim: a. the Owner shall have the right to discharge the lien by appropriate legal proceedings; b. the Contractor shall be liable for, and shall indemnify and hold Owner harmless against all of the tollowing: (collectively, "Owner's Damages"): i. all costs of discharging such lien, including, without limitation, all attorney's fees, surety bond premiums and other costs incurred in attempting to discharge or remove such lien; II. all other damages and losses resulting from such lien. c. The Contractor shall reimburse the Owncr for all Owner's Damages as they are incurred from time to time, immediately upon demand therefor. If the Contractor fails to do so, Owner may retain out of any payment then due or thereafter to become due to the Contractor an amount sufficient to reimburse the Owner for all Owner's Damages. The Contractor shall remain liable for any Owner's Damages not set off by Owner against paymcnts duc to the Contractor. 7. IN ORDER TO GIVE THE OWNER FULL POWER AND AUTHORITY TO PROTECT THE PROPERTY AND BUILDINGS AND IMPROVEMENTS ON THE PROPERTY AGAINST ANY AND ALL CLAIMS OR LIENS FILED BY CONTRACTOR OR ANY OF THE OTHER CONTRACTOR PARTIES, AND FULL Y COMPREHENDING THE RELINQUISHMENTS OF CERTAIN RIGHTS, INCLUDING RIGHTS OF PRE-JUDGMENT NOTICE AND HEARING, CONTRACTOR FOR ITSELF AND ALL OTHER CONTRACTOR PARTIES HEREBY IRREVOCABL Y AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF COMMON PLEAS OF THE COMMONWEALTH OF PENNSYLVANIA. IRRESPECTIVE OF WHETHER A DEMAND HAS BEEN MADE OF CONTRACTOR THAT IT CAUSE SUCH CLAIM OR LIEN TO BE REMOVED OR SATISFIED A I' ITS EXPENSE, TO 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 LA W, TO HAVE MARKED SATISFIED OF RECORD. AT THE , -~- COST AND EXPENSE OF IT OR OF ANY OF THEM, ANY AND ALL LIEN OR LIENS FILED IN VIOLATION OF THIS WAIVER, OR TO CAUSE TO BE FILED AND SERVED IN CONNECTION WITH SUCH LIEN OR LIENS OR ANY PLEADING OR INSTRUMENT PREVIOUSL Y FILED BY CONTRACTOR OR ANY OF THEM. TO INCORPORATE THIS WAIVER THEREIN. AS PART OF THE RECORD. AND FOR SUCI! ACT OR ACTS THIS WAIVER OR A COPY OF THIS WAIVER SHALL BE GOOD AND SUFFICIENT WARRANT AND AUTHORITY AND SHALL BE CONCLUSIVE EVIDENCE OF THE AUTHORITY HEREIN CONTAINED TO WARRANT SUCH ACTION. CONTRACTOR. rOR ITSELF AND FOR ALL CONTRACTOR PARTIES, DOES HEREBY REMISE, RELEASE AND QUITCLAIM ALL RIGHTS AND ALL MANNERS OF ERRORS, DEFECTS AND IMPERFECTIONS WHATSOEVER IN ENTERING SUCH SATISFACTION OR IN FILING SUCH PLEADING, INSTRUMENT OR AMENDMENT. OR IN ANY WAY CONCERNING THEM. 8. This Waiver is made and intended to be filed with the Officc of the Prothonotary of the county or counties in which the Project is located in accordance with the requircments of Section 402 of the Mechanics Lien Law of 1963 of the Commonwealth of Pennsylvania (49 P.S. Sec 1402), as amendcd and supplemented. 9. Each of the terms. provisions, covenants and conditions of this Waiver shall, as the case may be. be binding upon and inure to the benefit ofthe Owner, the Contractor and all other Contractor Partics, and their respective heirs, executors. administrators, successors and assIgns. -4- IN WITNESS WHEREOF, the Contractor acting by its duly authorized otlicers, and intending to be legally bound, has hereunto set its hand and seal as of the day and year first above written. CONTRACTOR: (Corporatc Seal) Attest: d Up;~ ~,1};:J-- By: Name: Title: J?' I3,J FRfC 8, j/,e.,"9,frd'/'l.. DECk'TIHi.r/ Ti<?DI-Y<.J<e"--z. By: Name: Title: Contractor's Address: j /1 tv/LLtJu, h)C./, /!tfL/4.Yf<A ;Jt/){) 7F- To the Prothonotary: Please index this instrument in the name ofthe Owner as plaintitT and the Contractor as dcfcndant, and also in the name of the Owner as defendant and the Contractor as plaintiff. -5- EXHIBIT" A" LEGAL DESCRIPTION -6- ALL THA T CER1 A1N IrltCf or lDr of grOUlld situ.', in lh, BorDugh af Camp HHI, Cumblflaml Cmmty, Psnnsylvanill, morll particullrly bounded enddascribed as fallows, tawit BEGINNING at an iron pin on the eastern sid. of 20'- Slrlll(lormerly Maple AnnulI, a distlnc. of 62~ feet south from tha southellt tomer of 20. Strl.t and Wllnut Streit It the tine of propeny now or formerly of Fred Unger; thlnc! in an ultarly direction ,long the fll. of property now or formerly of Fr.d UnOlr, . distance of 168.11nt, more or less, to In iron pin on tile wlltllrn .ide of . 16t..t widl llley; thence slang IhI wl!!Item .id. at slid 16 foot wid. ".y, a distlrlCt at 50 tut, mOrt or/fts, to.n iron pin at till carlflf"of profJfrty now or late of Serah E. Ie.iser; the1le. in In westerly direction along prap.ty naw or I.te af Sarlh E. Keiser" distlncl ot 168.1 felt to an iron pin an lhl ".tarn .id. of 20. Stre.t; thine. in I northlTly direction Ilong th, 'lstlTn side of 20'" StreIt, I disllRCI of 60 'eet, more or 18", to an Iron pin, the P1aea ot BEGINNING. ,...~ f . 501' ..,\.,. on 201ll Slr"el and extending b,ck an lVen widlh a distinct of 166.1 filet. SAID lot rontlllg II.. mar , . mar. or leu, 101'" alnlve-IJI8JJtiDl1.d 16 foot wide Illey. HAVING THEREON ERECTED a two story brick dwomng house Ind glrage 'known and numbered IS 25 North 20'- Street. Clmp HIli. PA. 8EING THE SAME PREMlSfS WHICN Jolt" E. smel' ElKUtl1l 01 1M Est'11I of ClIrenca W. SWke. by Deed dliltad October 24, 1994 .nd rllCorded in The DUice of The Recolder of DBlds in and fir Cumbari..d County, PeaRlylv.. inD_ Book 113, PIUI1075, grlntld and conv.y.d unto Plu! T. Veager \I Ind Karlen M. VllIgar, husblnd.ndwife, (hnlorsherein. 0'''9 ,,;olSIil "gJ;lSIil ;;r~.~~J'....GP~~~ gJ ~'_.w,*".-,"" =:0:: , , <' '-"'-"~". ~~',,",I='t::""fi ""'''''''''''-''~ =>", .. ."'~,~ >: ~ ~ ~,~;g-:;S. , '>'1" '" o:,-'i1i :!:l:! '" ~ ~ &. .. ~ " * ii! 2:. ~ S'~.. & S ..~ ~ ,g ~ I!, i: ::i; ~ & 2~ :i ~ ~nt " ~ ! DUU~ in 910 ~ r~GI:: ~ ;,:<".'S<r. <- <- ~ j';_.J:&~_....~~;:JgJ N f?!ggg.gg~8sg~d~ : ACKNOWLEDGMENT WITH RESPECT TO CONFESSION OF .JUDGMENT This Acknowlcdgment is being executed by Contractor to demonstrate that it is knowingly. intelligently and voluntarily waiving (a) the right to notice and hearing prior to the entry of judgment by confession, and (b) such othcr rights as Contractor may have had if the confession of judgment clauses were not included in the Mechanics Lien Waiver. Contractor clcarly and specifically acknowledges. agrees and understands that: The warrants of attorney to confess judgment contained in the Mechanics Lien Wavier permit Property Owner (0 enter judgment by confession against Contractor. without prior noticc and without prior hearing. CONTRACTOR NEVERTHELESS KNOWINGLY. INTELLIGENTLY AND VOUJNT ARIL Y CHOOSES TO SIGN THE MECHANICS LIEN WAIVER, WITH THE INTENTION TO GIVE UP, WAIVE, RELINQUISH, AND ABANDON ITS RIGHTS TO PRIOR NOTICE AND A HEARING UNDER THE CONSTITUTION OF THE UNITED ST ATES. THE CONSTITUTION OF THE COMMONWEALTH OF PENNSYLVANIA AND ALL OTHER APPLICABLE STATE AND FEDERAL LA WS. IN CONNECTION WITH THE ENTRY OF JUDGMENT AGAINST CONTRACTOR. Contractor has been represented by counselor has had opportunity to be represcnted in conncction with the exccution of the Mechanics Lien Waiver for an explanation ofthe meaning and effect of the confession of judgment provisions in the Mechanics Lien Waiver. Contractor has received a copy of this Acknowledgement at the time of signing. This Acknowledgement is binding upon Contractor and its successors and assigns. and inures (0 the benefit of Propcrty Owner and its succcssors and assigns. IN WITNESS WHEREOF, Contractor. intending to bc legally bound. has executed this Acknowledgement as of the Execution Date. ( C mpo rate Seal) By: ~ ~ 8JJiL Attest: By: Name: j(~YIIV 0 She'] Prf?IJ-tv<r Name: Title: Title: E t<L1<C 13. i3 t<<JJ t34/CE R.. St5C.l2ETIfF?-y /.,,e<:H-'U~~ ( -7- ~~~ __, t ...j J:- 'V A:.., ~ ~ --- J\ ~ (") S -:--;t.- "1J t':'" rnp\ ~,~~2. r;~: ~ ~:~:,i -p..r,~ 2: ::2 ,..., "'" =' c.J' o <" -4 W - ~ 1 0i:.P -('1~ .nC; (2\ Ij. .,~_ ~ 1, __~-'Tl ';-4C.j ;:: 5 fTl ':::..\ ~ -u :::l: ~ N