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HomeMy WebLinkAbout03-4242IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CZV~L ACTION - LAW 03- g2v2, WAI~ OF LIENS WI{BR~AS, by Agreement dated AuguSt 6, 2003, JAMES ~. CORNETT, III ( "Owner/BorTower" ) contracted with BRUD~R CONSTRUCTION COMPANY, a pennsylvania corDoratlcn ("Contractor"), for work an~ services relating to the construction an~ construction supervision of a DroJect uDon the real estate describes on Exhibit 'A" attached hereto an~ made e part hereof; and WHEREAS, the Droject is to consist of the construction of a residential ~welling on 9roperty in Monroe Township, Cumberland County, Pennsylvania, described on Exhibit "A" attached hereto, more fully det&iled in the construction contract described above; and WHEREAS, WaYDoint Bank has agreed to lend and advance Three Hundred Twe=ty-~wo Thousand Seven Hundred Dollars ($322,700.00) to Owner/Borrower to [inance such construction in consideration o~, among other things, the ~xacution of this Waiver. NOW, THE~FORE, Contractor, INTENDING TO BE LRGALLY BOUND HEREBY, and before any authority has been given to the said Contractor by Owner/Borrower or any other Derson to coa~aence any work on the said Project or to purchase materials therefor, Goe~ hereby, for Contractor end lot any and all subcontractors, materialman, emDloyees and Darties acting or claiming for, through or under Contractor, covenant and agree with Owner/Borrower and WayDoint Bank that no mechanics' liens or claims aha11 be ~iled or maintained against the above-described real estate, or the building or imDrovements to be erected thereon, £or or on account of any work done or materials furnished under said agreement or under any su~lemental contract, verbal or written, or contract for extra work in or about the erection, construction and cou~letlon of said AUG, Ig, 2003 2:35PM $.$.B.& C, Hb~,P~.I7110 NO, 6052 P. 3/5 project, or otherwise; and Contractor, for Contractor and any and all subcontractors, material~en, eJaployees and parties acting or claiming through or under Contractor, hereby expressly waives and relinquishes the right to have, £11s or maintain any mechanics' liens or claims against said real estate or buildings or improvements. This agree~aent 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, construotion, 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 an~ Wa!npoint Bank full power and authority ~o 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 Cea%men ~leas of the Commonwealth of Pennsylvania, or any attorney of any other court or jurisdiction there er elsewhere, to appear in any said courts or jurisdictions ~or 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 agreement 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 remiss, 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 satls~action 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 Con, non Pleas of Ctumberland 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 Waypolnt Bank, mortgagee of said premises, its successors or assigns. o~ co~orit~on, t~ u~oF~k~M~ he~r O~ eich of such · con~rac~oz" s~ ~an a~l o~ ~ o~ ~ o~ ~h~. ~o ~ncl~e the pl~al. ~d ~ ~to~ s~Ll ~ de~ ~ the mas~l~ne a~ ~, as the con~e~ My chesa Dreaen~8 ~hx~ ~_.~.-day o~ A~& ~'~-' 2003. ATTEST: OutWr ZO'd AUG. I9.2003 2:35PM S.$.B.& C. Hbo, Pa. 17110 NO. 6052 P. 5/5 ALL THAT CERTAI~ tract O~ land, eStua~e iU ghe TOwn~hip of Monroe, County of Cumberland. 4u'~d Commonwealth of Pennsylvania, being more partluularly bounded an~ described as follows, to wi=f B~NNI~G at a pein= marked by a pin on the aout/%ernmost dedicated r%~h~-o=-w~y line.of Lucinda Lane, sa~d pin marking the common pgint of ao]o~ner oX Lo~s #18 a~d #19 on ~h~ hereinafter mentioned plan w~=h said right of way lzns; thence excendzng alon~ the sou=hernmos~ dedicated right of way line of Lucinda Lane By an arc or curve to the left having a radi~ of 22~ fee~, a ohord cf 197.68 feet on a bea~in~ 8curb 72 degrees 24 mznut~s 83 seconds East, for an arc length of 20~.66.feet to a point on.said d.~.Acated ragh=-~f-wmY llne~ thence deParting from Lucinda ~ane, o~ 38~,19 feet to a poin~ mrked by a Din in the hsd of t~e Yellow Breeches C~eek; ~hence ~xten~in~ in an~ t~hrough tb~ bed of =he Yellow Breeches Creek, North 8~ ~e~rees ~0 miautss 24 secede West, for a distance of a43.~1 feet to a poin~ in eai~ Creek at land~ now or formerly 103.920 fee= ~er~noously o~:e~ from aeea ce prior record) =o a point; te~nus of this call, for a to, al ~st~ce of 238.T9 feet to a at Lo~ ~18 on =he here&~fCer ~nt~one~ pl~; =~ncu ~ce~ alo~ ~8, North 55 da~ee~ 58 ~nutee 10 seconds East, for a ~:~ce of right-or-way l~ne of Luci~ Lane, sai~inC ~kin~ the ~lace CONTAIN~N~ ~.434 acres, and beinc~ designated aa Lo= $19 on a final plan Recorder of Deeds in ~d for ~erl~d Co~=y, Ps,sylvania ~n ~lmn Book BEING Parcel No. 22-12-0352-018. ~2IN~ the same ~remimes which Harry H, Fox. Jr. and Ann G. Fox, husband 9nd wif~ by Dee~ da~ed ~uly 18, 2003 and recorded in Cumberlan~ county, Deed Book . , page ., conveyed unto James E. cor~e==, III.