HomeMy WebLinkAbout04-0154STEVEN M. HESS and CYNTHIA L. :
DeHART-HESS, :
4~laigrtff :
LESTER J. HESS & COMPANY, INC., :
Dcfc,M~mt :
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
CIVIL ACTION - LAW
WAIVER OF LIENS
WHEREAS, by Agreement dated ~') ~ C ~ ~,-~'", 2003, Steven M. Hess and Cynttfia L.
DeHart-Hess COwner/Borrower") contracted with Lester J. Hess & Company, 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 personal residence on property
inHampdenTownstfip, Cumberland County, Pennsylvania, described on Exhibit "A" attached hereto,
more fully 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 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
fbr, through or under Contractor, covenant and agree with Owner/Borrower and National City
Mortgage that no mechanics' liens or claims shall be filed or maintained against the above-described
real estate, or the building or hnprovements to be erected thereon, for or on account of any work
done or materials funfished 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 m~Sntain any mechanics' liens or claims against said real estate
or buildings or knprovements.
This agreement waiving the right of lien shall be an independent covenant and shall operate
m~d 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 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
fried by Contractor or anyone acting or claiming for, through or under Contractor or in violation of
tiffs 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 tbr 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, 1/en 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 remise, release and quitcldan
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 whatsoever in entering such
satisfaction or anywise touching or concerning the same.
Tiffs 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 National City Mortgage, mortgagee
of said premises, its successors or assigns.
In the event Contractor consists of more than one person, finn or corporation, the
undertakings hereunder of each of such persons, fn-ms or corporations shall be joint and several, and
the word "Contractor" shall mean all or some or any of ther2 For the purposes oftlfis 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.
~aN WITNESS WHEREOF, Contractor has hereunto signed and sealed these presents this
yof ~C_- ,2003.
WITNESS:
ATTEST:
OWNER/BORROWER:
DeHart-Hess
CONTRACTOR:
LESTER J. HESS & COMPANY, INC.
By~(~ ~ I~
2
EXHIBIT "A"
ALL THAT CERTAIN tract or parcel of land situate in the Township of Hampden, Cumberland
County Pennsylvania, being Lot 1 shown on the Prelkninary/FinalMinor Subdivision Plan for Lester
and Beverly Hess recorded at the Cumberland County Recorder of Deeds Office in Plan Book 88,
Page 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 comer of lands now or formerly of Lester and Beverly Hess and lands now or
forrr~fly 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 pm
being the common property comer of Lot 2 of the afbrementioned subdivision; thence along the
cormnon 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 formerly of Charles & Geraldine
De~fison and lands now or formerly 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 formerly of Terry
& Susan Reed, lands now or formerly of Arnold & Mary Price, and lands now or formerly of Timothy
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),