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HomeMy WebLinkAbout94-03574 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James D, Bogar and Carol A. Bogar CIVIL DIVISION OWner, VI, Case Number: q 1./ - 3 5 "7 'I /Yl L- () BBEC, Inc. Type of Pleading: Contractor, WAIVER OF LIENS BSEC, Inc. Code and Classlncatlon: Contractor, VI, James D, Bogar and Carol A. Bogar Owner, Flied on Behalf of: James r- B09~~ and Carol A. Bogar By: l'bU.I)n~ James D. Bog Attorneys for J s D. Bogar and Carol ,1\, Bogar 5 West Main Street Shlremanstown, PA 17011 Sup, Ct. Atty.I.D. /I 19475 CERTIFICATE OF LOCATION I hereby certify that the location of the Real Estate Is 1 West Main Street, Shlremanstown, Cumberland County, Pennsylvania. WAIVER OF LIENS KNOW ALL MEN BY THESE PRESENTS THAT: B8EC. [nc. (the .Contractor") AND James 0, Bogar and Carol A. Bogar (the .Owner") entered Into a certain contract (the "Contract") lor the performance 01 certain work and Improvements (collectively, the "Improvements") on certain real property located In Shlremanstown, Cumberland County, Pennsylvania (the 'Premises"), as described on Exhibit 'A' aUached hereto and made a part hereol; and NOW, THEREFORE, In consideration 01 the execution and delivery 01 the Contract and Intending to be legally bound hereby, Contractor, lor Itself, Its successors and assigns, and all subcontractors and other parties acllng through or under It or them, does hereby covenant, promise and agree that no mechanics' liens or claim or other lien or claim 01 any kind whatsoever shall be flied or maintained against the Improvements or the Premises or any part or parts thereol or the appurten&nces thereto, by Contractor or by any subcontractors, materialmen, laborers or others lor work done or lor any tolls, equipment, materials or supervision or other services lurnlshed under the Contract or any subcontract and supplements thereto, wrlUen or oral, or by any other party acting through or under them, or any 01 them, lor and about the Improvements, the premises or any parts thereol, or on credit thereof. 2 This Waiver of Liens shall be an Independent covenant and shall operete and b, ,ffecllve as well with respect to work done and materlale and servlcee furnlehed under eny supplemental contract for extra work In connecllon with the construcllon of the Improvements a8 to any work end labor done and materiels furnished under the Contract. In order to give Owner full power and authority to protect Itself, snd the Improvements and the Premises against any and all claims flied by Contractor, or by any subcontractor or anyone acting under or through Contractor In vlolallon of the foregoing covenant, Contractor, for Itself, Its successors and assigns, snd sll such persons, hereby Irrevocably authorizes and empowers any attorney of sny Court of Common Pleas of the Commonwealth of Pennsylvania to appear for It, them or any of them, In any such Court as Attorney for It or them, and In his, Its or their name, mark satisfied of record, at the cost and expense of the Contractor or of any such subcontractor, leborer or materialman, or In Its or their names, any and all mechanics' liens or claims or other liens or claims of any kind whatsoever filed or maintained against the Improvements or the Premises or any parts thereof or the appurtenances thereto, and for such act or acts this shall be good and sufficient warrant and authority and reference to the Court and to the Docket In which and where this Instrument shall have been flied shall be a sufficient exhibit of the authority therein contained to warrant such acllon, and the Contractor, for Itself and all subcontractors, laborers, and materialmen, does hereby release all errors and defects whatsoever In the entry of any such sallsfactlon or the exercise of the authority hereby conferred. THIS WAIVER OF LIENS will be flied In the Office of the Prothonotary of Cumberland County, Pennsylvania, pursuant to the provisions of the Act of August 24, 1963, P.L. No, 497, as supplemented and amended, and the receipt for such filing will be delivered to Owner, 3 Legal Description 1 niT Dill ITUIT, IHIUHANITOWN, PIINNIYLV:ulIAI ALL that certain tract of ground together with improvements erected thereon aituate in the Borough of Shiremanstown, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: .BEGINNING at a point on the northwest corner of the intersection of West Main street and Railroad street; thence along the northern line of West Main street, South 78 degrees 12 minutes 20 seconds West, a distance of 58.41 feet to a point; thence through the lot of which this tract was formerly a part, North 11 degrees 47 minutes 40 seconds West, a distance of 117.11 feet to a point on line of land now or formerly of James D. and Carol A. Bogar; thence along land now or formerly of James D. and Carol A. Bogar, North 78 degrees 04 minutes 00 seconds East, a distance of 36.22 feet to a point on the western line of Railroad street; thence along the western line of Railroad street, South 22 degrees 31 minutes 00 seconds East, a distance of 119.28 feet to a point, the Place of BEGINNING. BEING Lot No. 2 on the Plan of Lots of Hartman & Associates, Inc. dated June 1, 1992, recorded in Plan Book 66, Page 49. HAVING thereon erected a 2-1/2 story brick building being known and numbered as 1 West Main street, Shiremanstown, Pennsylvania. BEING the same premises which the Borough of Shiremanstown by its Deed dated June 3, 1993 and recorded June 8, 1993 in the Cumberland county Recorder of Deeds Office in Deed Book "I", Volume 36, Page 247, granted and conveyed unto James D. Bogar and Carol A. Bogar, husband and wife. exhibit "A"