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HomeMy WebLinkAbout04-1583ELMER L. STAPF III and MARGARET A. STAPF, Owners NORM ELAM, Contractor : THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA · WAIVER OF LIENS CONTRACTOR'S WAIVER OF LIENS THIS AGREEMENT made this'~' day of ~/~-}~ , 2004, between Elmer L. Stapf III and Margaret A. Stapf, husband and wife, residing at 4404 Royal Oak Road, Camp Hill, Pennsylvania 17011 ("Owners") and Norm Elam, with an address of 19 McCoy Lane, Carlisle, Pennsylvania 17013 ("Contractor"). ~^t)R~cWHEREAS, by a duly executed written Construction Agreement dated 9, 2~-~/ (the "Contract"), Owners and Contractor have contracted for the construction and completion of a dwelling home, described as a contemporary home, according to plans and specifications made a part of the Contract (the "Improvements") on the Property known as 762 Maxele Lane, Boiling Springs, Pennsylvania situate in Monroe Township, Cumberland County, Pennsylvania (the "Property"), said Property being more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS, no authorization has yet been given by Owners to Contractor to commence its work or purchase materials for same; and WHEREAS, no work has commenced on the Property and no labor or materials have been delivered to the Property or furnished for the Improvements by Contractor or any sub-contractor or materialman. NOW, THEREFORE, the Contractor, for himself, his heirs and assigns and anyone else acting or claiming through or under him, for and in consideration of the Contract and the considerations mentioned therein, and intending to be legally bound hereby, does hereby agree as follows: 1. Waiver of Lien. Contractor hereby waives and relinquishes all rights to file a mechanics' lien, claim or notice of intention to file any lien or claim and does hereby 512730.1 covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Improvements or the estate or title of Owners in the Property as described in Exhibit "A" or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or by or in the name of any subcontractor, materialmen or laborers for work done or materials furnished under the Contract or by any other party acting through or under them or any of them for and about the ]~mprovements or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, materials furnished under the Contract for and about the erection, construction and completion of the ]mprovements, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. Independent Covenant. 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 furnished under any supplemental contract for extra work in the erection, construction and completion of the said Improvements and as to any work and labor done and materials furnished under the Contract. 3. Power of Attorney. In order to give Owners full power and authority to protect themselves, the Property, the estate or title of Owners therein, and the appurtenances thereto, against any and all liens filed by Contractor or anyone acting under or through them in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to (i) appear as attorney for him, them or any of them, in any such Court, and in his or their name or names, to the extent permitted by law, mark satisfied of record at the cost and expense of Contractor or of any subcontractor or materialman, any and all lien or liens, filed in violation of the foregoing covenant, or (ii) cause to be filed and served in connection with such lien or liens any pleading or instrument, or any amendment to any pleading or instrument previously filed by him or them, and to incorporate therein, as part of the record, the waiver contained in this instrument; and for such act or acts this instrument shall be good and sufficient warrant and authority. A reference to the court, term and number in which and where this agreement shall have been filed shall be conclusive evidence of the authority herein to warrant such action, and Contractor, for himself and for them, hereby remises, releases and quit-claims all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. Tn the event anyone acting through or under Contractor shall so file a lien in violation of the foregoing covenant, Owners may not exercise their rights under this Paragraph 3 unless such lien has not been stricken or discharged (by payment, posting of a bond or other means) for a period of ten days after notice of such lien shall have been received by Contractor. 4. Public Notice. This Agreement shall be filed in the Cumberland County Prothonotary's Office as public notice hereof. IN WITNESS WHEREOF, the said parties, intending to be legally bound hereby, have caused this Contractor's Waiver of Liens to be executed the day and year first above written. OWNERS: Elmer L. Stapf III / · (SEAL) (SEAL) (SEAL) EXHIBIT"A" ALL THAT CERTAIN lot of ground situate in Monroe Township, Cumberland County, Pennsylvania, and being Lot No. 217, as shown on the Final Plan of Lots of Section "L'; of White Rock Acres, dated October 3, 1978 and recorded January 31, 1979 in Cumberland County Plan Book 34, Page 113, and more particularly bounded and described as follows: BEGINNING at a point on the northern right of way line of Kuhn Road at other lands now or formerly of Penn Products Corp., North 17 degrees 34 minutes 06 seconds East, 265.62 feet to a point; thence along Lot No. 216 Section "L", South 85 degrees 41 minutes 44 seconds East, 131.68 feet to the western right of way line of Maxele Lane; thence by a curve to the left with a radius of 228.84 feet and an arc length of 51.54 feet to a point in Maxele Lane; thence still along said road, South 8 degrees 36 minutes East, 151.54 feet to a point; thence by a curve to the left at the intersection of Maxele Lane and Kuhn Road, having a radius of 25.00 feet and an arc length of 34.72 feet to a point; thence continuing along Kuhn Road, by a curve to the left having a radius of 420 feet and an arc length of 222.60 feet to a point, the place of BEGINNING. CONTAINING 1.055 acres. UNDER AND SUBJECT to Revision No. 3 of the covenants, restrictions and reservations applicable to White Rock Acres Development, effective April 1, 1985 as recorded in Cumberland County Miscellaneous Docket Book 309, Page 648, and the building lines, utility and other easements as shown on Plan Book 22, Page 15.