HomeMy WebLinkAbout00-08642
,.- ~_l
~
.
.....~q
W~ive.r ,,1 li~n~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
90184839
Between CIVIL DIVISION
PIDLLlP R. GRING and JANICE L.
GRING, HUSBAND AND WIFE
[NAME OF OWNER],
Owner/Plaintiff
and-:)W N\v,.....pe<"'
Cc... '1:>.\.ru:c1 "t'\ -:t:1/"\ c. .
[NAME OF CONTRACTOR],
Contractor/Defendant
Between
[NAME OF CONTRACTOR],
Contractor/plaintiff
and
[NAME OF OWNER],
Owner/Defendant
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
~CXJo- ?~Y'J IYI..O
G.D.
Code
NO LIEN AGREEMENT AND WAIVER
OF LIENS FILED PURSUANT TO
ARTICLE IV, 9402, OF THE ACT
OF AUGUST 24, 1963, P.L. 1175,
NO. 497.
Filed on behalf of
{NAME OF OWNER},
Owner/Plaintiff
Owner/Defendant
Page 1 of6
SMSNDC/OOOO/P A/CONS0076
......,,-
~ =,'
.L ,
~,',-"~ ,;; ,,,;
90184839
NO-LIEN AGREEMENT
(and Waiver of Liens)
PHlLLlP R. GRING and JANICE L. GRING, HUSBAND AND WIFE
having an address at 4 TALL OAK DRIVE, MECHANICSBURG, PENNSYLVANIA 17050
(the "Owner") and JW MUMPER CONSTRUCTION, INC. [NAME
OF CONTRACTOR] PENNSYLVANIA ,a
[corporation] having an address at 1 BULL RUN COURT, MECHANICSBURG,
PENNSYLVANIA 17055 (the "Contractor"), intending to
be legally bound, hereby covenant and agree as follows:
1. Background. (a) The Owner and the Contractor have entered into a
written contract of even date herewith, entitled [insert title of contract] (the "Contract"),
relating to the [describe generally the work, e.g., demolition, construction, rehabilitation] of
certain improvements located on the lands and premises 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 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. (c) 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, 1963, P. L. 1175, No. 497, as
amended, known as the Mechanics' Lien Law of 1963, 49 P.S. ~1101 et seq. (the "Mechanics'
Lien Law"), in settlement of all claims of the Contractor or any Subcontractor who may
otherwise be entitled to file a claim under the Mechanics' Lien Law for a lien against the
Property .
2. Defined Terms. Unless the context hereof clearly indicates otherwise, all
capitalized terms used herein are used as such terms defined in the Mechanics' Lien Law.
3. Waiver. 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 Subcontractor for any work done or services performed or Labor or
Materials 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.
4. Contractor Responsibility. All Subcontractors shall look solely to the
Contractor for payment for all claims or debts due for any work done or services performed or
Page 2 of6
SMSNDC/OOOO/P A/CONS0076
_,~L"
J.
,.
<,' 'i
90184839
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.
5. Independent Covenant. 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.
6. Contractor Waiver. 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.
7. Filing. 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.
8. Pennsylvania Law. 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.
Page 3 of 6
SMSNDC/OOOO/P AlCONS0076
,,,,
" I'
~ 'iJ
90184839
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement as of the .3P~ day of YlDVew.i::JQ,e.... ,:ZOo ()
~G~.Jho
CONTRACTOR: JW MUMPER CONSTRUCTION, 1NC.
Page 4 of 6
SMSNDCIOOOOIP AICONS0076
,
- " ~
~~
-
,~,~_I
-
,:,,<>,~,,~;,""'l~~~
ALL THAT CERTAIN tract or parcel ofland situate in Silver Spring Township, Cumberland
County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the northern right-of-way line of Winch ester Court, at the southeast
comet of Lot No. 20 on the hereinafter described Final Subdivision Plan; THENCE along the
eastern line of said Lot No. 20 North 01 degrees 22 minutes 23 seconds East a distance.of257.62
feet to a point on the southern line of Lot No. 21 on the hereinafter described Final Subdivision
Plan; THENCE along the southern line of said Lot No.1, and continuing along the southern line
of Lot No. 22 on the hereinafter described Final Subdivision Plan, South 77 degrees 06 minutes
55 seconds East a distance of 82.93. feet to a point; THENCE continuing along the southern line
of said Lot No. 22 North 60 degrees 10 minutes 33 seconds East a distance of 63.29 feet to a
point at the westernmost comer of Lot No. 18 on the hereinafter described Final Subdivision
Plan; THENCE along the western line of said Lot No. 18 South 29 degrees 49 minutes 27
seconds East a distance of 196.96 feet to a point on the northern right of way line of the cul:de-
sac of Winchester Court; THENCE along the northern rightcof-way line of the cul-de-sac of
Winchester Court by a curve to the left having a radius of 95.00 feet, an arc length of 66.50 feet
. -". 'T'UOll.JI'F >>lon!! the northern right-of-way line of Winchester Court by a curve to the
right having a radius of 60.00 feet, an arc length of62 86 .
along the same by a curve to the right ha . di .' feet to a pomt; THENCE continuing
(erroneously referred to as 195 75 m' D VInd g arda dU~ of 775. 00 feet, an arc length of 15252
. ee recor e mDe dB k2 .
at the southeast comer of Lot No. 20 on th h'na.ft e. 00 .29, Page 329) feet to a point
point and place of BEGINNING. e ere! er descnbed Fmal Subdivision Plan, the
CONTAINING 1.10 acres, more or less.
BEING Lot No. 19, Final Subdivision Plan for Hillside F
1998, last revised June 23,2000, recorded in the Offic arms - Phase IT, dated Septernber 17,
. County in Plan Book 81, Page 67. e of the Recorder of Deeds of Cumberland
~L
.
CERTIFICATE OF LOCATION
~ J .
...,~~,
90184839
I hereby certify that the location of the real estate affected by this Agreement is
located at 4 WlNCHESTER COURT, MECHANICSBURG, PENNSYLVANlA 17050
.~
fttf
Page 6 of6
SMSNDC/OOOO/P A/CONS0076
~" ,~
~ t ~~;o,;I!"'~ki<WI<l\'-""'i~4>:<..~.ili1lil$"'M""k"""w,""~,,;';H,-i~ifi\;,,,':i41l....'lI>'~'rel~)~~lo"[J' ~~'-'''''''''"'''''''n__'.~ .~~, ~~.....,"""'.
<.
,-- -- ,~
.'1
0 0 ('.:)
C C".I -'n
s:. CJ
;::::>:::> r:, 0- ?2~1 c"q ~~>1
,-> ,.:.:::;;
~ \; ZC '~1$
0 CD <c; v--
C' 2e~ _~:;S~
0 -.:. ~ ~, -0
~o ~.. ~;t~
--- ~
~ ~ ~ :;:;2 r;.? :,e-..-"rn
,-,
~ ~ Z ~
"J ::;! I" ::0
-- Vj i':C (.11 -<
-.
-=r-
--<
.:Do
~
~
r-
'-t-
'~", "'""'^,N_'" ,.,,,,.,,,"I,'S,,,~,, d; "'.> _~"~'.', ..,
-.d ,. ~, _~^ ,",' , .~~
.,'~
P.;>