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HomeMy WebLinkAbout95-06502 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYlVANIA DAVID A. WHITING and SUSAN L WHITING, his wife Plah~1If11 OWI-l~'" v. No, _95- ~5o.) In L/) Gardner Construction Def~l'lIlal'lt CArn"~N... 'ToI-...... AND Gardner Construction Plaintiff Ga.I~"''':''l'6 -. ~ v. No, DAVID A. WHITING and SUSAN L WHITING, his wife Dllf4ll1lbRts ~f'le~S RElEASE AND WAIVER OF LIENS KNOW ALL BY THESE PRESENTS, that David A. and Susan L Whiting, husband and wife, having an address at 17 East Front Street, Suite 200, Shlremanstown, Pennsylvania ("Owner'), and Gardner Construction, a sole proprletorshlp, with an address at p, 0, Box 427, Dauphin, Pennsylvania hereinafter ("Contractor") have entered Into a construction agreement (the" Agreement") relating to construction services to be rendered In connection with the construction of a building known .IS 1036 Memory Lane, Mechanlcsburg, Pennsylvania, and other Improvements upon the (ollowlng described real estate, as part of the consideration for which Agreement this Release and Waiver of Liens is given: All that certain lot or piece of ground situate In the Township of Hampden, County of Cumberland, Commonwealth of Pennsylvania, known as Lot No. 112, Klngswood, Phase I, as recorded In Cumberland County Plan Book 54, Page 95, formerly known as Hampden Square, Plan No.5, Phase III, as recorded in Cumberl.lI1d County Plan Book 52, Page 145, and more fully described In Exhibit A, attached hereto and made a part hereof. of any work done prior 10 the date hereof under said Agreement or any prior oIgreemenl relating to services to be rendlll"l1d In connection with conslrucllon of such buildings or olher Improvements. This agreement releolslng and walvlngthll right of lien shall be .mlndepllndent covenant and shall operate and shall be effective .IS well with reSpl!ctto work done and materials furnished under any supplemental conlrdct for extra work in the construction and completion of the said buildings dnd other Improvements oIS to any work iltld labor done and materials furnished and relating to the Agreement oIforesald. In order to give Owner and any person h.wlng an estate In the ill.Jove-descrlbed property (including a leasehold l!state) full power and authority to protect Itself and themselves, the above-descrlbed property, the building or buildings or other Improvements to be constructed thereon, and the curtllages appurtenant thereto, against any and all liens or claims filed by the Contractor or anyone acting under or through It In vlolallon 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 .1ttorney for It, them, or any of them, In ilny such Court, ilnd 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 any and all claims or liens filed In violation of the foregoing release, waive and covenant, or (b) to cause to be filed and served In connection with claims or liens (in the name of Contractor or anyone else acting under or through It) .3. .. .11 any pleading or Instrument, or amendment to "ny pleading or Instrument previously filed by It or them, to Incorporate therein, ilS part of till! rl'('onlllll' ml(!lIs(! lInd w.llver contained In this Instrument shall be good and su((lrlent W,lrr,1Il1 ,lI1d .IUlhorlty, ,md reference 10 the court, term and number In which ,md where Rele,lse ,lI1d W,llver of Liens shall h.we been filed shall be a su((lclent exhibit of authority Iwreln contained to warrant such action, and Contractor for Itself and for them does hereby remise, rol(!,)se lInd quit-claim ,,\I rights and a\l manner of (mors, defects .md Irnperfecllons wh,ltsoever In (mterlng such slltlsfdct.lon or In filing such Instrument or .1I11endmcnt, or In .IIlY W,IY concerning them. This Rele"se and Waiver of Liens Is mlldl! and Int(mded to be filed with the Prothonotary of the Court 01 Common Pleds of the County of Cumberldnd or other proper place In which the dbove-descrlbod lands Me locllted, wllhln tl!n days alter the date hereof In accordance with the requlreml!nt of I,IW In such c,)so provided. IN WITNESS WHEREOF, Contrdctor has signed ,)nd seilll!d thl!se presl!ntsthls 12th day of November, 1995. Witness ~ . () (~htv A,..'7Z- ~t~J~ By: ...M!5:l14''l1 P. Gardner, Owner .4. 'I' .i ,., .'~ I \I'