The URL can be used to link to this page

Home My WebLink About06-5325 . DANIEL K. SUNDERLAND and KERRY L. : IN THE COURT OF COMMON PLEAS SUNDERLAND, : CUMBERLAND COUNTY, PENNSYLVANIA Owners v. :No.:Dl- -S.us I17llJl~ ROLAND BUILDER, INC., Contractor : WAIVER OF UENS CONTRACTOR'S WAIVER OF LIENS THIS AGREEMENT made this .l1k- day of September, 2006, between Daniel K. Sunderland and Kerry L. Sunderland, husband and wife ("Owners'') and Roland Builder, Inc., a Pennsylvania corporation having an office at 100 Wind Rush Lane, Mechanicsburg, Pennsylvania 17055 ("Contractor"). WHEREAS, by a duly executed written agreement dated the 28th day of June, 2006 (the "Contract"), Owners and Contractor have contracted for the erection, construction and completion of a residential dwelling house, and all matters pertaining thereto in accordance with the Contract (the "Improvements") on the Property situate in Silver Spring Township, Cumberland County, Pennsylvania (the "Property"), said Property being more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS, no authorization has yet been given by Owners to Contractor to commence 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 claiming 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 Lien. 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 621048.1 ... 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 Owners in the Property as described in Exhibit "A" or the curtilage or curti/ages appurtenant thereto, by or in the name of Contractor or by or in the name of any subcontractor, materialmen or laborers for work done or materials furnished under the contract or by any other party acting through or under them or any of them for and about the Improvements or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, 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 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 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 Owners full power and authority to protect themselves, the property, the estate or title of owners therein, and the appurtenances thereto, against any and all liens filed by Contractor or anyone acting 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 to (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 entering 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, Owners may not exercise their 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 ten days after notice of such lien shall have been received by Contractor. . 4. Public Notice. This Agreement shall be filed in the Cumberland County Prothonotary's Office as public notice hereof. IN WITNESS WHEREOF, the said parties, intending to be legally bound hereby, have caused this Contractor's Waiver of Liens to be executed the day and year first above written. WITNESS: )jJ; >iJ ~()~ . Sunderland y~\ i ~.5 ,.'VLd ,J~d Kerry L. S erland ATTEST: CONTRACTOR: ROLAND BUILDER, INC. -(J~cf~ By: I?~ )~. f?~.~J. (Vice) President (SEAL) ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, as set forth on a Final Resubdivision Plan for Judith Lifton prepared by D.P. Raffensperger Associates, last revised March 26, 1986, recorded April 1, 1986 in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 49, Page 131, more particularly described as follows: BEGINNING at the point of intersection of the northerly right-of-way line of Truffle Glen Road (50 feet wide) and the dividing line between Lot Nos. 4 and 3 as shown on the aforementioned Resubdivision Plan; thence along said dividing line between Lot Nos. 3 and 4, North one degree eleven minutes twenty-four seconds East (N 010 11' 24" E), a distance of 489.96 feet to an iron pin at other lands now or formerly of Lester J. Lifton and Judith Lifton; thence along said lands now or formerly of Lifton, South sixty-one degrees twelve minutes twenty seconds East (S 610 12' 20" E), a distance of 220.20 feet to an iron pin; thence continuing along same, South fifty degrees ten minutes thirty seconds East (S 500 10' 30" E), a distance of 236.27 feet to an iron pin; thence continuing along same, South sixty-two degrees forty-one minutes fifteen seconds East (S 620 41' 15" E), a distance of 278.52 feet to an iron pin; thence continuing along same, North seventy-three degrees nine minutes East (N 730 09' E), a distance of 76.88 feet to the westerly legal right-of-way line of New Willow Mill Road (L.R. 21001 Relocated); thence along said westerly legal right-of-way line of New Willow Mill Road (L.R. 21001 Relocated), South twenty-seven degrees twenty-six minutes thirty seconds East (S 270 26' 30" E), a distance of 108.53 feet to a point; thence continuing along same, South sixty-two degrees thirty-three minutes thirty seconds West (S 620 33' 30" W), a distance of 10.00 feet to a point; thence continuing along same, South twenty-seven degrees twenty-six minutes thirty seconds East (S 270 26' 30" E), a distance of 14.00 feet to a point at the northerly right-of-way line of Truffle Glen Road; thence along said northerly right-of-way line of Truffle Glen Road, South sixty-two degrees thirty-three minutes thirty seconds West (S 620 33' 30" W), a distance of 3.63 feet to a point; thence continuing along same, by a curve to the right, having a radius of 225.00 feet, an arc distance of 112.44 feet to a proposed concrete monument; thence continuing along same, North eighty.-eight degrees forty-eight minutes thirty-six seconds West (N 880 48' 36" W), a distance of 641.80 feet to the dividing line between Lot Nos. 4 and 3, the point and place of BEGINNING. CONTAINING 5.132 acres, more or less. BEING Lot No.3 on the aforesaid Plan. EXHIBIT "A" ~ 7d % '0 ~ ~ ~ ~ -u -- lJ.J D- ~ - r- ~ f- v ~ y +- --:( C- t -L.. - ~ r .... ,..... ~~.:l '.:;-J _, r ,-, \.\ -' , > :.->.~ i<) -:- t') . . .-- or ...-