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HomeMy WebLinkAbout03-1094DAVID A. SCHANKWEILER and DONNA SCHANKWEILER, husband and wife Plaintiff Vo FARINELLI CONSTRUCTION, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WAIVER OF LIENS WHEREAS, by Agreement dated /'~F~O~y/~ 2~'~, DAVID A. SCHANKWEILER and DONNA SCHANKWEILER, husband and wife ("Owner/Borrower"), contracted with FARINELLI CONSTRUCTION, INC. ("Contractor") for work and services relating to the construction and construction supervision of a project upon the real estate described on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the project is to consist of the construction of a residential dwelling on property in Upper Allen Township, Cumberland County, Pennsylvania, described on Exhibit "A" attached hereto, more fully detailed in the construction contract described above; and WHEREAS, Waypoint Bank has agreed to lend and advance Four Hundred Forty Thousand Dollars ($440,000.00) to Owner/Borrower to finance such construction in consideration of, among other things, the execution of this Waiver. NOW, THEREFORE, Contractor, INTENDING TO BE LEGALLY BOUND HEREBY, and before any authority has been given to the said Contractor by Owner/Borrower or any other person to commence any work on the said Project or to purchase materials therefor, does hereby, for Contractor and for any and all subcontractors, materialmen, employees and parties acting or claiming for, through or under Contractor, covenant and agree with Owner/Borrower and Waypoint Bank that no mechanics' liens or claims shall be filed or maintained against the above-described real estate, or the building or improvements to be erected thereon, for or on account of any work done or materials furnished under said agreement or under any supplemental contract, verbal or written, or contract for extra work in or about the erection, construction and completion of said project, or otherwise; and Contractor, for Contractor and any and all subcontractors, materialmen, employees and parties acting or claiming through or under Contractor, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against said real estate or buildings or 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 erection, construction, supervision and completion of the said project as to any work and labor done and materials furnished under said agreement. In order to give Owner/Borrower and Waypoint Bank full power and authority to protect the said real estate and buildings or any of them against any and all mechanics' liens or claims filed by Contractor or anyone acting or claiming for, through or under Contractor or in violation of this agreement, Contractor, for itself and all such aforesaid subcontractors, materialmen, employees and parties acting or claiming for, through or under Contractor, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, or any attorney of any other court or jurisdiction there or elsewhere, to appear in any said courts or jurisdictions for Contractor and mark satisfied of record, at the cost and expense of Contractor, or any such subcontractor, materialman, employee or party, any and all claim or claims, lien or liens filed by or for Contractor or in its or their name against the said real estate, buildings; a copy of this Agreement, and a reference to the court, term and number or place in which this aqreement and waiver shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action; and Contractor, for itself and all such parties, does hereby remise, release and quitclaim unto Owner/Borrower and Waypoint Bank, and their and each of their certain attorney or attorneys, any and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or anywise touching or concerning the same. This agreement and waiver is made and intended to be filed with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, or other proper place in which the above- described lands are located. It is expressly understood that the foregoing waiver and all of the provisions and remedies herein contained shall be available to and for the protection of Waypoint Bank, mortgagee of said premises, its successors or assigns. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For the purposes of this agreement and waiver, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. these IN WITNESS WHEREOF, ~ontractor haD. hereunto signed and sealed presents this/~ -day of ///,~C~ , 2003. WITNESS: ATTEST: OWNER/BORROWER: CONTRACTOR: FARINELLI CONSTRUCTION, INC. By ~el~ p ~l ~ 3 ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern dedicated right-of-way line of South View Drive, said point being on the dividing line between Lot Nos. 21 a.nd 22 on the hereinafter mentioned Plan of Lots; thence continuing along the southern dedicated right-of-way line of South View Drive, North 42 degrees 32 minutes 39 seconds East, one hundred twenty-five and zero one-hundredths (125.00) feet to a point: thence South 47 degrees 27 minutes 21 seconds East, one hundred sixty ~nd zero one-hundredths (160.00) feet to a point; thence South 42 degrees 32 minutes 39 seconds West, one hundred twenty-five and zero one-hundredths (125.00) feet to a point on the dividing line between Lot Nos. 21 and 22 on the hereinafter mentioned Plan of Lots; thence along said dividing line North 47 degrees 27 minutes 21 seconds West, one hundred sixty and zero one-hundredths (160.00) fee~ =o a point on the southern dedicated right-of-way line of South View Drive, the place of BEGINNING. BEING Lot No. 22, in Section II, Phase IV, Final Subdivision Plan of Meadowview Estates, said Plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 78, Page 147. UNDER AND SUBJECT, NEVERTHELESS, to the Declaration of Restric- tive Covenants dated May 25, 1999 and recorded on May 28, 1999 in the Cumberland County Recorder of Deeds Office in Miscellaneous Book 614, Page 314. ALSO, UNDER AND SUBJECT, NEVERTHELESS, to fifteen (15) foot set- back and utility easement, and other restrictions, set-backs and all notes appearing in the Section II - Phase IV, Final Subdivi- sion Plan of Meadowview Estates, said Plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 78, Page 147.