HomeMy WebLinkAbout98-01150
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
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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
CIVIL DIVISION
RA YMOND P. PEPE
and MARGARET M, PEPE
G.D, 1{'. /lSu Ih /jJu........
Owncr/Plaintiff
and
FARCNELLI
CONSTRUCTCON, CNC,
ContractorlDefendant
NO-LIEN AGREEMENT
(and Waiver of Liens)
RA YMOND P. PEPE AND MARGARET M. PEPE, husband and wife, having
an address at 2900 Rathton Road, Camp Hill, Pennsylvania 170 I I (collectively the "Owner")
and FAR I NELLI CONSTRUCTION, CNC. having an address at Suite 10 I, 3 Kacey Court,
Mechanicsburg, Pennsylvania 17054 (the "Contractor"), intending to be legally bound, hereby
covenant and agree as follows:
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I, Background, (a) The Owner and the Contractor have entered into a
written Construction Agreement (the "Contract") dated January 23, 1998, relating to the
construction ofa home and appurtenances (the "Project"), to be located on Lot 21 of the White
Oaks Subdivision, Lcmoyne, Pennsylvania 17043 more particularly described in Exhibit A
hereto (the "Property"), (b) the Contract provides that no mechanics' liens or claims will be
entered and filed against the Propcrty or any part thereof, by the Contractor or anyone claiming
by, through or under thc Contractor, including, without limitation, any and all subcontractors,
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laborers, and materilllmen (eollectivdy "Subcontruetors"), for IIny work, labor IInd mllterillls
supplied in connection with the perfonnance of the Contruct, and (c) the Owner IInd the
Contructor desire to enter into this Agreement pursuant to and in compliance with the provisions
of Article IV, ~402, of the Act of the Generul Assembly ofPennsylvllnill of August 24, 1963,
P,L. I 175, No. 497, as amended, known as the Mechanics' Lien Lllw of 1963,49 P,S. ~ 1101 et
seq. (the "Meehnnics' Lien LIIW"), in settlement of all claims of the Contractor or nny
Subcontractor who may otherwise be entitled to file a claim under the Meehnnics' Lien Lllw for a
lien against the Property or the Project.
2. Defined Terms, Unless the context hereof clearly indicates otherwise, all
capitalized terms used herein are used as such terms defined in the Mechnnies' Lien Law.
3, Waiver. No mechnnics' or materialmen's lien or claim or other lien or
claim ofnny kind whatsoever, pursunnt to Section 301 of the Mechnnies' Lien Law or otherwise,
shall ever be filed or maintained against the Property, or the Project thereon, by the Contractor or
nny Subcontructor for nny work done or services performed or labor or materials furnished under
the Contract, or for nny other debts due by the Owner to the Contractor, or by the Contractor to
nny Subcontractors or nny other claimnnts acting by, through or under nny of them arising out of
the performance of the Contract.
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4. Contractor Responsibilitv. All Subcontractors shall look solely to the
Contractor for payment of all claims or debts due for nny work done or services performed or
labor or materials furnished in connection with the Project on the Property, so that no claim or
nny kind whatsoever shall be made or filed against the Owner or the Property for or on account
of nny work done or labor or materials furnished under the Contract.
5. Independent Covenant. This Agreement shall be an independent covennnt
running with the land nnd shall operate nnd be effective with respect to all work done or services
performed or labor or materials furnished under nny supplemental contract agreement between
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the Owner and the Contractor for extra work to be done or cxtra scrviccs to be perfonned or extra
labor or matcrials to be furnished in conncetion with thc Project on the Property.
6, Contractor Waiver. The Contractor hercby waives, for itsclfand all
Subcontractors (without admitting the right of any such party to filc such a claim), any lien or
claim of right to a lien, pursuant to Section 301 of the Mcchanics' Lien Law for any services
pcrfonned or labor or materials furnished in connection with any ercction or construction or
alteration or repair of the Project upon Propcrty pursuant to thc 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 the Project, or any part or parts of either of the foregoing; and
for such act or acts, this Agreement shall be good and sufficient warrant and authority, and a
reference to the court, tenn and number in which and where this Agreement shall have been filed
shall be a sufficient evidence of such authority, and Contractor does hereby remise, release and
quitclaim all rights and all manner of error or errors, defects, and imperfections whatsoever in
entering such judgment.
7. Indemnitx. In addition to any rights ofindemnification by the
Contractor of the Owner contained in the Contract, Contractor shall indemnify, defend and hold
hannless Owner from any claim, liability, damage, suit, cost and expense (including without
limitation reasonable attorney's fees and court costs) arising, directly or indirectly, from
Contractor's breach of any covenant or agreement of Contractor contained in this Agreement and
(ii) any mechanic's lien, suit, demand, claim for sums owed or lien threatened or filed by
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