The URL can be used to link to this page

Home My WebLink About02-1365WAIVER OF LIENS WHEREAS, JJLH Associates, LTD, a Pennsylvania Limited Partnership, 4437 Street Road, Trevose, PA 19053 owns property located at Harrisburg Pike (Route11) and Roadway Drive in Middlesex Township, Cumberland County, Pennsylvania, ("Property"). Owner has entered into a contract ("Contract") dated March 1, 2002 with Professional Design & Construction, Inc., a Pennsylvania corporation, with its principal place of business located at 3008 Columbia Avenue, Lancaster, PA 17603 ("Contractor"), to provide materials and perform labor necessary for the construction of a new facility situate upon that certain lot or piece of ground located at Harrisburg Pike (Route11) and Roadway Drive in Middlesex Township, Cumberland County, Pennsylvania, as more fully described in the attached legal description identified as Exhibit "A" and incorporated herein by reference. NOW, THEREFORE, it is hereby stipulated and agreed by and between the parties, as part of the Contract and for the consideration therein set forth, that neither the undersigned contractor, any subcontractor, or materialman, nor any other person furnishing labor or materials to the contractor under the Contract may file a lien, commonly called a mechanics' lien, for work done or materials furnished to the said building or any part thereof of the site which would comprise the future improvements. This agreement waiving the right 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 construction of the building and other improvements as to any work and labor done and materials furnished under the contract aforesaid. Contractor hereby represents and warrants that prior to the date hereof no work has been done and no materials have been furnished with regard to the construction which is the subject of the Contract or with regard to any supplemental contract, verbal or written, or contract for extra work in or about the construction of any building or other improvements on the above-described property. In order to give Owner full power and authority to protect itself, the above- described property, the building and other improvements to be erected and constructed thereon against any and all liens or claims filed by the Contractor or anyone acting under or through it in violation of the foregoing covenant by Contractor, the Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear as attorney for it, them, or any of them, in any such Court, and in its or their name or names, (a) to the extent permitted by law, to mark satisfied of record at the cost and expense of Contractor or of any subcontractor, laborer or material supplier, any and all claims or liens filed in violation of the foregoing waiver and covenant, or (b) to cause to be filed and served in connection with such claims or liens (in the name of Contractor or any subcontractor, laborer or material supplier, or anyone else acting under or through it) any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, 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, and a reference to the court, term and number in which and where this Waiver of Liens shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for itself and for them does hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. This stipulation is made and intended to be filed with the Prothonotary for the County of Cumberland, Commonwealth of Pennsylvania in accordance with the requirements of Section 402 of the Mechanics' Lien Law of 1963, codified at 49 P.S. Section 1402 (Purdon 1965), of the Commonwealth of Pennsylvania in such case provided. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have set their hands and seals this ,{~,~ day of ,/72~ ,2002. WITNESSES: CONTRACTOR: PROFESSIONAL DESIGN & CONSTRUC~-I'ION~ INC~ ~.,~. ~J~ansky, X/i/ce-president COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER SS: On this, the /~ ~ day of '-'~-/~/7.~ 2002, before me, the undersigned officer, personally appeared Jay Polansky acknowledged himself to be the Vice- president of Professional Design & Construction, Inc., a Pennsylvania corporation, and that he, as such Vice-president, being authorized to do so, executed the foregoing Waiver of Liens for the purposes therein contained by signing the name of the corporation by himself as such Vice-President and desired that the same might be recorded as such. IN WITNESS WHEREOF, I hereunder set my hand and official seal. Notary Public '-- LksS-PDC-Walver of I.iefls-Faulkner Collision Center (Cumberland Co.).doc My Commission Expires: J -~M" ~',o~'~ Seu, ...... Leslie K. Smith, Notary Public est Lampeter Twp., Lancaster County y Commission Expires Mar. 4, 2005 Member, Pennsylvania Association of Notaries LOT NO. 16: ALL THAT CERTAIN tract of hod situated, lying and being in Saver Spring Township, Cumberland County, Pennsylvnnia, bounded and described as follows, to wit: BEGXP~qX~qG It I point in the northeastern corner of Lot No, 16 aC the common front propm-ty eorners of Lot Nos. 16 and .t? as shown on the hereinafter mentioned plan thence South 5 degrees 50 minutes 10 seconds West 103.21 feet to a point; thence South de/tees 09 minutes ~0 seconds ~.n._~! 16.00 feet to a pointl, theses by a curve to the right havln$ a radius of 4?9 feet, an arc lenk~th of 97..31 feet to n point; thence North 34 degrees 09 minuv~s 50 s~onds West 4~0.93 feet to a point~ thence North -~ degrees 50 minutes 10 seconds E~st ~.00.00 feet to a point nt the dividing line between Lots Nos. 16 and I'/; thence alon~ said line South 84 degrees 09 minutes 50 seconds East 425.00 feet to a point, the,place of BEGInNInG. CONTAINING 1.979 -~cres. LOT NO. 17: Al.iL THAT CERTAJiN tract of land situnted, lying and being in Silver Spring Township, Cumber/and County, Pennsylvania, bounded and described ns follows, to wit: BEGL'~NXNG at a point on the southern right-of-way line of Carlisle Pike at the northwestern comm' of Lot No. 1T as shown on the hereinafter mentioned plan of lots; thence along Carltsle Pike South Ii4 de,tees 09 minutes 50 seconds East 400.00 feet to a point; thence South 39 degrees 09 minutes SO seconds East ~5.3g feet to a poillt~ thence South S degrees ~0 minutes 10 seconds West Z?5.00 fee~ to a point at the dividing line betwer, n Lot Nos. 1//and l?~ thence along said line North $4 degrees 09 minute~ fi0 sec~nd~ West 42S.00 feet to a potnt~ thence ~orr, h ff de,tees -~0 minutes 10 seconds East 200.00~'ect to a point, the place of BEGIKN'L'~G. CONTAL¥~G 1.~44 acres. BEING Lot Numbers 1//and 17, ]Final Subdhdslon Plan for Roadway Express, Inc., prepared by Benatec Associates, Inc, and recorded/n the Office of the Recorder of Deeds in and for Cumberland CountT, Pennsylvania in Plan Book 5-/, page 83. BEING Chh ,=mq premises which Lewis Roed Assoeiat~, by deed dated March ~ ~ 2002 and recorded la Cumberland Cou.uty De=d Book Ps~e ~, gr,.need and cnnvt~J, ed ~xto ~ Associates, LTD, ' Exhibit "A"