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HomeMy WebLinkAbout02-5330 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Between JEFFREY K. MYERS and RENEE C. 4~RS' husband and wife Owner~P1 ain ti ff and HOME DESIGNS UNLIMITED, Contractor/Defendant HOME DESIGNS UNLIMITED, and Con tra c t or/P1 ain ti ff JEFFREY K. MYERS and RENEE C. ~. MYERS, husband and wife ~1 Owner/Defendant CIVIL DIVISION S'320 Code PENNSYLVANIA NO LIEN AGREEMENT AND WAIVER OF LIENS FILED PURSUANT TO ARTICLE IV, ~402, OF THE ACT OF AUGUST 24, 1963, P.L. 1175 NO. 497. ' Filed on behalf of JEFFEY K. MYERS and RENEE C.~, MYERS O~er/De f endan t Counsel of Record for this Party: Christopher Zettlemoyer REED SMITH LLP Pa. I.D. Address: 213 Market St., 9:h Fi., Harrisburg, PA 17101 Phone No.: 717-234-5988 NO-LIEN AGREEMENT (and Waiver of Liens) THIS AGREEMENT, made as of this day of October, 2002, by and between JEFFREY K. MYERS and RENEE C. M. MYERS, husband and wife (collectively, the "Owner,) and HOME DESIGNS UNLIMITED, having an address at (the "Contractor,,), WITNESSETH THAT: WHEREAS, the Owner and the Contractor have entered into a written contract dated September 26, 2002 entitled "Residential Construction Contract,, (the "Contract,,), relating to the construction of certain improvements located on the lands and premises more particularly described in Exhibit A hereto (the "Property,,); and WHEREAS, pursuant to the Contract the Contractor has Covenanted and agreed that no mechanics, liens or claims will be entered and filed against the Property or any part thereof, by the Contractor or anyone claiming by, through or under the Contractor, for any work, labor and materials supplied in Connection with the performance of the Contract; and WHEREAs, the Owner and the Contractor desire to enter into this Agreement pursuant to and in compliance with the provisions of Article IV, ~402, of the Act of the General Assembly of Pennsylvania of August 24, 1~63, P. L. 1175, No. 497, as amended, know~ as the M~chanics ~ien Law of 1~63, 49 P.S. §1101 et seq. (the Mechanics Lien Law ), in settlement of all claims of the Contractor or any Subcontractor who ]~y otherwise be entitled to file a claim under the Mechanic:= Lien Law for a lien against the Property; NOW, THEREFORE, the parties hereto, intending to be legally bound, hereby covenant and agree as follows: 1. Unless the context hereof clearly indicates otherwise, all capitalized terms used herein are used as such terms defined in the Mechanics, Lien Law. 2. No mechanics, or materialmen,s lien or claim or other lien or claim of any kind whatsoever, pursuant to Section 301 of the Mechanics, Lien Law or otherwise, shall ever be filed or maintained against the Property, or any Improvement thereon, by the Contractor or any Subcontraclzor or services performed or L=~ ........ for any work done ~ u~ ma~erla±s furnished under the Contract for the Erection or Construction. or Alteration or Repair of any Improvement, or for any other debts due by the Owner to the Contractor, or by the Contractor to any Subcontractors or any other Claimants acting by, through or under any of them arising out of the performance of the Contract. 3. Ail Subcontractors shall look solely to the Contractor for payment for all claims or debts due for any work done or services performed or Labor or Materials furnished in connection with any Improvement on the Property, so that no claim of any kind whatsoever shall be made or filed against the Owner or the Property for or on account of any work done or labor or materials furnished under the Contract. 4. This Agreement shall be an independent covenant running with the land and shall operate and be effective with respect to all work done or services performed or Labor or Materials furnished under any supplemental contract or agreement between the Owner and the Contractor for extra work to be done or extra services to be performed or extra Labor or Materials to be furnished in connection with any Improvement on the Property. 5. The Contractor hereby waives.~ for itself and all Subcontractors, any lien or claim of right to a lien, pursuant to Section 301 of the Mechanics. Lien Law or otherwise, for any work done or services performed or Labor or Materials furnished in connection with any Erection or Construction or Alteration or Repair of any Improvement on the Property pursuant to the Contract or any supplemental contract or agreement between the Owner and the Contractor relating to the Property. For the purposes hereof, the Contractor hereby irrevocably authorizes and empowers any attorney of any Court of record in the Commonwealth of Pennsylvania to appear on behalf of the Contractor, and any and all Subcontractors or other Claimants claiming by, through or under the Contractor, as its or their attorney-in-fact to confess judgment in favor of the Owner and to satisfy of record, at the cost and expense of the Contractor, any and all claims or liens filed by the Contractor or any such other party against the Property or any part or parts thereof; and for such act or acts, this Agreement shall be good and sufficient warrant and authority, and a reference to the Court, term and number in which and where this Agreement shall have been filed shall be a sufficient evidence of such authority. 6. The Contractor hereby authorizes the Owner to file this Agreement in the office of the Prothonotary of the county or counties in which the Improvements are Situate. 7. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and shall be binding upon and shall inure to the benefit of the Owner and the Contractor, and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first above written. OWNER: CONTRACTOR: HOME DESIGNS UNLIMITED EXHIBIT ALL THAT CERTAIN lot or piece of land situate Hampden, County of Cumberland and Commonwealth of Pennsylvania, being known as Lot No. 132 of the Plan of Westbury, Phase VI, as recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 83, page 129. BEING PART OF Tax Parcel No. 10-13-993-002.. BEING PART OF THE SAME PREMISES which Jean. I. Cignetto, widow, by her deed dated March 21, 1990 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on March 21, 1990 in Deed Book L-34, page 954 granted and conveyed unto The McNaughton Company, a Pennsylvania corporation. in the Township of CERTIFICATE OF LOCAl?ION I hereby certify that the location of the real estate affected by this Agreement is known as Lot 132, Westbury Plan Phase VI as recorded in Plan Book 83, page 129 and located in Hampden Township, Cumberland County, Pennsylvania. Agent for Owner C~ ?