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Home My WebLink About99-01884 AGREEMENT AND WAIVER OF MECHANICS' I.IENS (For Contractor) I I I f To be indexed against: (I) FRED TIDA Y BUILDERS, INC., us Contractor for index purposes, Plaintiff v. DOUGLAS B. GIBSON and COLLEEN A. GIBSON, his wife, us Owner for index purposes, Defendant and (2) DOUGLAS B. GIBSON and COLLEEN A. GIBSON, his wife, us Owner for index purposes, Plaintiff v. FRED TIDA Y BUILDERS, INC., us Contractor for index purposes, Defendant 9'1-/<IY'1 rnLQ AGREEMENT AND WAVIER OF UENS (for Contractor) KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, FRED TIDA Y BUILDERS, INC., ("Contrador"), has entered into a written agreement dated , (as the same may be amended from time to time, the "Agreement") with DOUGLAS B. GIBSON and COLLEEN A. GIBSON, his wife, ("Owner"), owner of the real estate located at 1918 Monterey Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, as more particularly described in Exhibit "A" JI.ttached hereto ("Premises"), for the erection and construction of a L bedroom, /YtiC(' ~ .2J,(yt/,';r- single-family home with attached -3 car garage ("Improvements") located on the Premises; and WHEREAS, PNC Bank, N. A., will advance, subject to the terms of its loan documents, certain funds to Owner secured by a mortgage and other instruments which will encumber the Premises; and WHEREAS, it is the intention of Owner and Contractor that (a) neither the Premises, the estate or title of Owner in the Premises, the Improvements, erected or to be erected thereon, nor the curtilage or curtilages appurtenant thereto (all of the aforesaid hereinafter referred to as the "Project") shall now or hereafter be subject to a lien of any kind for any debt or debts due by Owner to Contractor or for any debt or debts due by Owner or Contractor to any subcontractor, materialmen, laborer or other party (Contractor and all other subcontractors, materialmen, laborers and other parties are hereinafter individually and collectively referred to as the "Waiving Parties"), whether such debt or debts be for contracts or subcontracts executed or for materials, labor, work, superintendence, goods or services furnished or supplied in connection with the erection and construction of the Improvements; and (b) the right of anyone, including all Waiving Parties, to claim any such lien be waived hereby; NOW, THEREFORE, Contractor, intending to be legally bound hereby, in consideration of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt of which is hereby acknowledged, as well as for and in consideration of the entry by Owner into the Agreement and for the benefit of Owner and Lender, does hereby, for Contractor and any and all of the other Waiving Parties, expressly waive and relinquish all right to file a mechanics' lien, claim or notice of intention to file any lien or claim and does covenant and agree that no mechanics' lien, claim or intention to file any lien or claim shall be filed or maintained by or in the name of Contractor or any of the other Waiving Parties against the Project, or any interest of Owner or Lender therein, for or on account of any work done or materials furnished under the C:\LWORK\REALIGOJ3099D.WPD - 2- Agreemcnl or undcr any supplcmcntul contrncl, vcrbal or writtcn, or contractlilr cxtru work for or aboutlhc manugcmcnt. supcrintcndcncc, crcction, construction, allcrution, rcpair Uild completion oflhc Projcct, or uny part Ihcrcof, or prcparulion thcrcfor, or any ofthcm or othcrwisc, and all ofthc Wuiving Partics (olhcr Ihun Ihc Conlruclur) shall look 10 and hold Conlraclor personally Iiablc for all colllrucls, subconlrucls, matcrials lilrnishcd and work and labor donc. so that thcrc shall bc no Icgnlor lawlill claim of any kind whatsocvcr aguinst Owncr and/or Lcndcr for any work donc or labor or malcrials furnishcd undcr thc Agrccmcnt or undcr any supplcmcntal contracts, vcrbal or writtcn, or conlracts for cxtra work for or about the managcment, supcrintcndcncc, crcction, construction, allcration, repairs and completion of the Projcct, or any part thercof, or prcparations thcrcfor, or any of thcm or othcrwisc. TlIIS AGREEMENT waiving thc right of lien shall bc an indcpcndcnt covcnant. In order to givc Owncr and Lcndcr full powcr and authority to protcct thc Projcct against any and all mechanics'liens, claims or intcntions to file Iicns or claims filed by any of the Waiving Partics or in violation of this Agreement, Contractor, for Contractor and all other Waiving Parties hereby irrevocably authorizcs 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 jurisdiction for Contractor, and all Waiving Parties, or any of them, as many times and as often as Owner deems necessary, and to mark satisfied of record, at the cost and expense of Contractor, or any such subcontractor, materialmen, laborer or other party, any and all claim or claims, lien or liens, intention or intentions to file lien or claim filed by or form them or any of them, or in his, its or their name against the Project, or any part thereof, and, for such act or acts this shall be a good and sufficient warrant and authority, and a reference to the Court term and number or place in which this Agreement and Waiver shall have been filed shall be a sufficient exhibit to the authority herein contained to warrant such action; and Contractor, for Contractor and all Waiving Parties, docs hereby remise, release and quit-claim unto Owner and Lender, their heirs, personal representatives, successors and assigns, and their and each of their certain allorney or allorneys any and all manner of error and errors, defects and imperfections whatsoever in entering such satisfaction or any way 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, the county in which the Project is situate, in accordance with the requirements of Section 402 of the Mechanics' Lien Law of 1963 (49 P.S. Section 1402). All of the foregoing waiver provisions and remedies herein contained shall be available to and for the protection of Owner and Lender, their heirs, personal representatives, successors and assigns. C:\L WORK\REAI.\GOlJ099D.WPD - 3 - IN WITNESS WHEREOF, these presents have been duly executed this day of .#UC# ,1999. ..hl WITNESSI ATTEST FRED TIDA Y BUILDERS, INC. By: Name: Tille: C:\LWORKlREAL\G033099D.WPD - 4- EXIIIBIT A ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot No. 89, as shown on a Plan entitled Final Subdivision Plan Phase III and Replot of Lot 31, record cd May 30, 1995, in Plan Book 70, Page 19, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin, lying in a northerly right-of-way line of Monterey Drive (50-foot right-of-way) and being an easterly corner of Lot No. 90; thence along Lot No. 90, North 06 degrees 48 minutes 59 seconds West, 387.95 feet to an iron pin being a northerly corner of Lot No. 90 and lying in the southerly line of lands now or formerly of Turpin; thence along the Turpin lands and lands now or formerly of Meyers, North 82 degrees 46 minutes 29 seconds East, 169.98 feet to an iron pin being an eusterly corner of the Meyers lands and being a westerly corner of Lot No. 81, Phuse II; thence along Lots 81 and 82, South 37 degrees 54 minutes 13 seconds East, 189.69 feet to an iron pin, being a common corner of Lots 82, 83 and 88; thence along Lot No. 88, South 26 degrees 53 minutes 03 seconds West, 307.86 feet to an iron pin, being a westerly corner of Lot No. 88 and lying in a northerly right-of-way line of Monterey Drive; thence along said right-of-way, along a curve to the left, having a chord bearing of North 79 degrees 57 rninutes 58 seconds West, a chord distance of 101.46 feet, a radius of 175.00 feet, and an arc distance of 102.93 feet to an iron pin, being the place of BEGINNING. CONTAINING 1.843 acres and being known and numbered as 1918 Monterey Drive. BEING the same premises which Pamay Development Co., Inc., a Pennsylvania corporation, by its deed dated December II, 1997, and recorded December 31,1997, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 170, Page 199, granted and conveyed unto Douglas B. Gibson and Colleen A. Gibson, husband and wife. C:\LWORKIREALlGOJJ099D. WPD - 5 - I , -1 ">- '" f=' ---- c: < (' " LJJt;' I::J 0.... - .:> f' fJ: ~. . ~ """ .1. I ,- ();.:. \:) f'.. . ' 0:. C, ~ LJ..!"-' C' --' .:tJ; u:Y r" - ~ ~ r: ::-= f I_I. .- GI 0 rY~ Co" U c5 IS ;j <:) 0- -