HomeMy WebLinkAbout03-5796OCT. 24. 2003 1:41PM S.S.L&C. Hb~.h. 17110 NO. 7824 P. 2
IAM~ D. I~.OSS an~ $I-I~2~ M. ROSS,
FARIN~.~-~ CONSTRUCTION, INC.,
Defe~l~nt
IN THB COUI{T OF COMMON PLEAS
CUMBt~.LAND COUNTY
PP2qNSYLVANIA
CIVIL AC'F/ON- LAW
WAIVI~ O1: LIBNS
WHBP, BAS, the l~oject is to consist of the constn~ction of a single-family rcskknce on
prope~y in Bast Pe~,boro Tow~h'.m, ~l~mrt County, Pennsylvania, clescnq:ed on Exhibit "A"
attached hereto, more fully detailed in the consm,m,m,m,m,m,m,m,m,m~n conwact descn%ed above; and
W~-~I~EL~, Co~,-~u~rce B ~]~rI~4.sb~rg, N.A. has ~ to ~ and advance l~ive Hundred
'rlflny-Thr~ Tlmus~:l Doll. s ($535,000.00) to Owner/Borrower to finance ~uch construction in
con~ler~tion of, ~n~q$ othez thi~..s, the execution of this Waiver.
NOW, ~R~, Compactor, ~ING TO BE I.~GALLY BOUND I-IPf~BY,
a~I before any a~aofity I~ ~e~ giv~ w ~ s~ Con.tot ~ ~r~o~w~ or ~y o~
p~s~ to co~e ~y work on ~ s~Pmj~t or to ~c~e ~tm~ ~or, ~cs ~rcby, for
~o~or
for, ~ou~ or ~ ~n~tor, covert ~ a~ wi~ ~er~o~w~ ~ Co~e
a~v~ r~ csta~, or ~g or ~ts to ~ ~t~ ~r~ for or on a~o~t
verb~ or
of s~ ~o~ or o~; ~d Co~tor, ~r Con~r ~d ~y
zed ~ or
TI~ .agteen~zt w~iving tl~ right of li~n ~h.~ be an i~, ~ende~t co~e~.~t marl ~ operate
and be efffctiv~ ~ well ,with re~ct to work done and materhh fur~hexl und~ any supplemental
contract mr extra work m t]~ erectin~ construction, supe~visio ,n and completion of thc s~dd project
as to any work anti hbo: done a~l materials f~n~.~ed under said agrecn~n~ ·
In order to give Owner/Borrower ~ Commerce Bank/Hatriaburg, N.A, ~ power and
authority to protect ti~ s~icI re~l e~tate ~l lxtfldi~gs or ~ny of them aga/nst any and all
liens or cmi,~ f~d by Contractor or ~nyon~ acting or cl~nk~ for, tkrough or u~aer Contractor or
in ~iolation of this agre~ngnt, Contractor, for ~elf ma~ ~ such afores~d subcontractors,
OCT. 24. 2003 1:417M S.S.B.& ¢. Hbg, h. 17110 NO. 7824
materialman, employees and panics acti~l or chiming for, through or under Contractor, hereby
irrevocably authorizes and empowers any attorney of ~ny Court of Cowmnn Pleas of the
Commonwealth ofPcnnsyh, ani~ or any attorney o£ ~ny other court or jurhdicQon there or elsewhere,
to appear in any said courts or jufi.'.dictions for Contractor and mark satisfied of record, at the cost
and expense of Contractor, or any such subcontractor, materialman, employee or party, any ~ all
claim or claims, ~ or liens filed by or for Contractor or in iU or their name against the sa/d real
estate, blfildings; a copy of this A/reement, and a re~rcnc¢ to the court, term and number or place
in which this a~ree~,ent ~ waiver shall have been filed shall be suffident exin'bit of the authority
herein contained to warrant such action; and Contractor, for itself and all such parties, does hereby
remi~,release and quitclaknunto Owner/Borrower and Commerce B.~k/Harrisbur§, N.A., ma chck
and each of their ca~ain attorney or anorneys, any and allm~.r of errors, defects and in~edec:ions
whatsoever in entering such sat/fraction or anywise touching or coucerni~E the saz~.
Tt~ a~'eem~nt and waiver is made and intended to be filed with the Prothonotm~j of the
Court of Common Plees of Cmnberland County, P~ylvania, or other proper phcc in which the
above-descn'bed lands are located.
It is expressly understood that the foregoing waiver az~d all of the provisions And remedie~
herein contained shallbe available to ~d for ti~ protection of Coi...v,:zce Beak/Hm4sburg, N.A.,
mot~q~agee of said prer~ises, its successors or assi/~,
tn tt~ event Contractor consists of' more than one person, ~ or corporation, rim
undertakings bemunder of each of suchpersons, frans or corporations sh~. be joint and several, a~d
the word "Contractor" shall mean all or some or any of tlern. For the purposes of th/s agreement and
waiver, the singular shall be deemed to include the plural, And th~ neuter shall be deemed to mChde
the n~SC, l~e And f~m~n~e, a~ th~ context may require.
IN WITNESS ~OF, Contractor has hereunto si~ed ~rl scaled these presents tlis
day of c~-~/2~..¢ ,200~.
0~0~0~:
Sheih M. Ross
ATTEST:
NS~/.U ,CTION, ]ErqC.
0CT-24-2~3 13:58 717 548 5481 96z P.83
0CT. 24.2003 1:41PM S.S.B.& C. Hbo, Pa. 17110 NO. 7824 P. ~
EXHIBIT "A"
ALt. THAT CERTAIN piece, parcel or lot of lands situate In East Pennsbom Township,
Cumberland County, Pennsylvanis; designated as Unit No. 4 on the Preliminary/Final
Subdivision Plan by Rettew ,Associates, for River Bend, A Planned community dated November
15, 1996, last amended January 7, 1999 and recorded in the Office of the Recorder of Deeds tn
and for Cumberland County on February 24, 1999, in Plan Book 78, Page 75, and being
designated as Unit No, 4 in a Declaration of River Bend, A Planned Community, dated October
9, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in
Miscellaneous Book 591, Page 477, being further bounded and described as follows, to wit;
BEGINNING at a point on the Westerly fight-of-way line of Halyard (s 40 foot wide public
street) at a comer of Lot Number 3; thence along said Lot the following three (3) courses and
distances:
I. North 45 degrees 04 minutes 12 seconds West a distance of 30.00 feet to a point;
2, South 84 degrees 03 minutes 28 seconds West a distance of 206,45 feet to a point;
3, North 29 degrees 54 minutes 22 seconds West a distance of 153.29 feet to a point
on line of lands now or formerly of John A. Wright and Bonita M. Wdght;
thence by said lands North 60 degrees 05 minutes 38 seconds East a distance of 163.27 feet to a
stone (found) at a comer of Lot Number 8;'thence along said Lot North 84 degrees 03 minutes 28
seconds East a distance of 34.29 feet to ~1 point at a comer of Lot Number 5; thence by said Lot
the following three (3) courses and distances:
1. South 24 degrees 02 minutes 58 seconds East a distance of 154.02 feet to a point;
2. North 84 degrees 03 minutes 28 seconds East a distance of 144.92 feet to a point;.
3. South 30 degrees 45 minutes 52 seconds East a distance of 30.00 feet to a point on
the Westerly'fight-of-way llne of Halyard;
thence along said right, of-way the following two (2) courses and distances:
1. South 59 degrees 14 minutes 08 seconds West a distance of 48.68 feet to a point;,
2, By a Fine curving to the left and having a radius of 270,00 feetl an arc length of
67.41 feet and a chord beefing of South 52 degrees 04 minutes 58 seconds West a distance of
67,24 feet to a point, the Place of BEGINNING, CONTAINING 43,658 square feet or 1,00 acre.
BEING a portion of the same premises which Alan S. Meminger, a married man, by deed
dated Marcl~ 24, 1998 and recorded March 27, 1998, in the Office of the Recorder of Deeds in and
for Cumbedan, d County in Deed Book 174, Page 200, granted and conveyed to River Bend
Management Limited Partnership,
OCT-24-2003 13:50 ?17 540 54B1 9GZ P.O4