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HomeMy WebLinkAbout05-5918 , JOHN D. MOREFIELD and CATHERINE S. MOREFIELD, Husband and wife, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA Owners v. : NO.: 05' - S9/! fYZL.v 't~ FARINELLI CONSTRUCTION, INC., Contractor : WAIVER OF LIENS CONTRACTOR'S WAIVER OF LIENS THIS AGREEMENT made this 5th day of November, 2005, between John D. Morefield and Catherine S. Morefield, husband and wife, residing at 830 McCormick Road, Mechanicsburg, Pennsylvania 17055 ("Owners") and Farinelli Construction, Inc., a Pennsylvania corporation, with ils offices in 3 Kacey Court, Suite 101, Mechanicsburg, Pennsylvania ("Contractor"). WHEREAS, by a duly executed written agreement dated November 5, 2005 (the "Contracf'), Owners and Contractor have contracted for the construction of an addition to and the renovation of the existing home, located on the property, known and numbered as 830 McCormick Road, Upper Allen Township, Cumberland County (the "Property"), in accordance with the Contract (the "Improvements"), 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 10 Contractor to commence its work or purchase materials for same; and WHEREAS, no work has commenced on the Properly and no labor or materials have been delivered to the Properly or furnished for the Improvements by Contractor or any sub- contractor or malerialman. NOW, THEREFORE, the Contractor, for ilself, its successors and assigns and anyone else acting or claiming through or under it, 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 nolice of intention 10 file any lien or claim and does hereby covenant, promise and agree thai no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or mainlained against the Improvements or the estate or title of Owners in the Property as described in Exhibit "A" or the curtilage or curtilages appurtenant lhereto, by or in the name of Contractor or by or in lhe name of any subcontractor, materialmen or laborers for work done or materials furnished under the Contract or by any other party acling through or under lhem or any of them for and aboul the Improvements or the Property or any part thereof, or on credit thereof, and that all subcontractors, malerialmen, and laborers on the work shall look to and hold 584883.1 , Contractor personally liable for all subcontracts, materials furnished under the Contract for and about the erection, construction and completion of the Improvements, or under any Contract for extra work, or for work supplemental therelo, or otherwise. 2. Indeoendent 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 lhe erection, construction and completion of the said Improvements and as 10 any work and labor done and materials furnished under the Contract. 3. Power of Attornev. In order to give Owners full power and authority to protect themselves, the property, the estale or title of Owners therein, and the appurtenances thereto, against any and all liens filed by Contractor or anyone acting under or through II 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 it, them or any of them, in any such Court, and in its or their name or names, to the extent permitted by law, mark satisfied of record at the cost and expense of Contraclor or of any subcontraclor 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 it 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 10 the court, term and number in which and where this agreement shall have been filed shall be conclusive evidence of the authority herein to warranl such action, and Contractor, for itself and for them, hereby remises, releases and quit-claims all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaclion or in filing such pleading, instrument or amendment, or in any way conceming them. In 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 lhis 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 Nolice. This Agreemenl shall be filed in the Cumberland County Prothonolary's Office as public notice hereof. IN WITNESS WHEREOF, the said parties, inlending to be legally bound hereby, have caused this Contractor's Waiver of Liens to be executed !he day and year first above written. ITNESS: Jw 1lV\V.~1t{~I\1 'Llo,> ~~~~ \ ATTEST: (Asst.) Secretary (SEAL) CONTRACTOR: FARINELLI SlR71;TION, INC. H /~ By: (' ,. ) President 1:>0lJ A ...-0 J P1i h Nt: '-l \ \ . ALL THAT CERTAIN parcel or tract of land. with the buildings and improvements thereon, situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows. to wit: BEGINNING at a point in the center of a public road leading from Bowmansdale of Lantz' Mill, at the line of land now or late of Elizabeth N. Allen; thence along the center of said road, North eighty-five (85) degrees thirty (30) minutes East, three hundred eighty-eight and no one- hundredths (388.00) feet 10 a point in the center of said road; lhence along lands now or late of Margaret Ogilvie McCormick, South five (5) degrees zero (00) minutes East, seven hundred three and eighty one-hundredths (703.80) feet to a point in the center of Yellow Breeches Creek; thence up said creek, North eighty-six (86) degrees fifty-three (53) minutes West, four hundred thirty- seven and fifty-five one-hundredths (437.55) feet to a point in the center of said creek, and at the line of land now or late of Elizabeth N. Allen; thence by the same, North three (03) degrees forty- three (43) minutes East, three hundred seventy-four and twenty one-hundredths (374.20) feet to a pipe at a post; thence by the same, North fifteen (15) degrees fifty-eight (58) minutes West, twenty-six and thirty one-hundredths (26.30) feet to a pipe or a post; thence by the same, North six (06) degrees fifty (50) minutes Wesl, two hundred three and ten one-hundredths (203.10) feet to a point in the center of the aforementioned publiC road, and the place of BEGINNING. CONTAINING 5.814 acres. HAVING thereon erected a brick dwelling and other out-buildings. EXHIBIT "A" (2l "6g. -- A:J 1 vc tl \> ~ (). "- -0 ~ U( (-) ~-,' c:-:., ~ P-=-- c., C). C~ --. "!) --..a c> -e:: 1- -:.:: )-> Ul C1 1'--- in -- .. r-,,) :"0 ~ -J .< ~ j '""'