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HomeMy WebLinkAbout04-0151STEVEN M. HESS and CYNTHIA L. : DeHART-HESS, : W. R. STANSFIELD CONSTRUCTION, : IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA CIVIL ACTION - LAW WAIVER OF LIENS WHEREAS, by Agreement dated I Z.i [I ~" ,2003, Steven M. Hess and Cynthia L. DeHart-Hess ("Owner/Borrower") contracted with W. R. Stansfield Consm~ction ("Contractor") fbr 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; mid WHEREAS, the project is to consist of the construction of a personal residence on property mHampdenTownship, Cumberland County, Pennsylvama, descr~bedonExhihit A attachedher to, more fiflly detailed in the construction contract described above; and WHEREAS, National City Mortgage Co., or its successors and/or assigns as their interest may appear ("National City Mortgage"), has agreed to lend and advance Two Hundred Thousand Dollars ($200,000.00) to Owner, Borrower to finance such consu'uction 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, tbr 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 National City Mortgage that no mechaincs' liens or claims shall be fried 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, nmterialmen, 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 funfished 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 National City Mortgage 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, hen 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 contah~ed to warrant such action; and Contractor, for itself and all such parties, does hereby remise, release and quitclahn unto Owner/Borrower and National City Mortgage, and their and each of their certain attorney or attorneys, any and all manner of errors, defects and imperfections wtmtsoever in enteffmg 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 foregoh~g waiver and all of the provisions and remedies herein contained shall be available to and for the protection of National City Mortgage, 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, fwms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For the purposes of tiffs agreement and waiver, the singular shall be deemed to include the plural, and the neuter shat! be deemed to include the masculine and feminine, as the context may require. IN WITNESS WHEREOF, Contractor has hereunto signed and sealed these presents this day of ,~ ,2003. WITNESS: ATTEST: OWNER/BORROWER: ~I~ess Cyn't,hia L DeHart-Hess CONTRACTOR: W, R. STANSFIELD CONSTRUC~TIO~ EXHIBIT "A" AJ~L THAT CERTAIN tract or parcel of land situate in the Township of Hampden, Cumberland County Pennsylvania, being Lot 1 shown on the Preliminary/Final Minor S abdivision Plan for Lester and Beverly Hess recorded at the Cumberland County Recorder of Deeds Office tn Plan Book 88, ]?age 60 on January 7, 2004, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin along the western right-of-way of Lambs Gap Road (S.R. 1011)at the common property corner of lands now or formerly of Lester and Beverly Hess and lands now or formerly of Timothy and Marie Halbfoerster; thence along the western right of way of Lambs Gap Road South 04 degrees 10 minutes 04 seconds East a distance of 205.02 feet to an iron pin, said pin being the cormnon property comer of Lot 2 of the atbrementioned subdivision; thence along the corr~uon property line of Lot 2, South 78 degrees 45 minutes 25 seconds West a distance of 500.09 feet to a concrete monument; thence along lands now or forn~erly of Charles & Geraldine Denison and lands now or forrmrly of Glenn & Janet Maurer North 07 degrees 00 minutes 00 seconds West a distance of 190.12 feet to an iron pin; thence along lands now or forrmrly of Terry & Susan Reed, lands now or formerly of Arnold & Mary Price, and lands now or formerly of Timo thy and Marie Halbfoerster North 77 degrees 12 minutes 13 seconds East a distance of 511.46 feet to the place of BEGINNING. CONTAINING 99.246 square feet (2.28 acres).