HomeMy WebLinkAbout03-2071NO LIEN AGREEMENT
WHEREAS, an agreement was entered into between Fogarty Homes, Inc., of Harrisburg,
Pennsylvania, "CONTRACTOR", and Michael E. King and Laura G. King, husband and wife, and Nancy
F. Barlup "OWNERS". Whereby the said contractor undertook and agreed to perform certain work
necessary to erect a building on the real estate of the owners situate at Lot #29, 47 Blue Spruce Drive,
Enola, Cumberland County, Pennsylvania.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH, That the said Contractor for and in
consideration of the sum of One ($1.00) Dollar to him in hand paid at or before the ensealing and delivery
of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree
that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed against the said
building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-
contractor, materialmen or laborers for work done or materials furnished under said contract for and about
said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors, materialmen
and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials
furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever
against Owner for any work done or labor or materials furnished under said contract for and about the
erection, construction and completion of said buildings as aforesaid, or under any contracts for extra work,
or for work supplemental thereto, or otherwise
AND, in order to give the Owner full power and authority to protect himself and the lot or lots of
ground against any and all claims filed by the Contractor or anyone acting under or through him or it in
violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably
authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of
Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common Pleas as
Attorney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of
the Contractor or of any Sub-Contractor or Materialman, or Materialmen, any and all claims or claim, lien
or liens, filed by or for the Contractor, or any Sub-Contractor or Materialman, or in his or their name
against said building or buildings, lot or lots of ground or any part thereof and for such act or acts this 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 exhibit of the authority herein contained to
warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit-
claim all fights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction
or in anywise touching or concerning the same.
IN WITNESS WHEREOF, the said contractor has executed this agreement this 30th day of April,
2003.
WITNESS:
Fog omes, Inc.
Waypoint Bank -
449 Eisenhower Boulevard
P.O. Box 1711
Harrisburg, PA 17105
VS
eciService LLC -
124 West Church Street
Dillsburg, PA 17019
In the Court of Common Pleas
of Cumberland County
Pennsylvania
STIPULATION AGAINST LIENS
Whereas Waypoint Bank, a Pennsylvania Corporation, having a place of business
in the City of Harrisburg, Dauphin County, Pennsylvania, is about to execute
contemporaneously herewith with eciService LLC, 124 West Church Street, Dillsburg
PA 17019 contract for General Construction in accordance with plans and specifications
(and any other work as may be required by this contractor) upon a lot of land located at
3974 Baltimore Road, Shippensburg, PA 17257.
Now May 1~ 2003 at the time of and immediately before the execution of the
principal contract and before any authority has been given be the said Waypoint Bank, to
the said eciService LLC to commence work on the said building or purchase materials for
the same, in consideration of making of the said contract with Waypoint Bank and the
further consideration of $1.00 to him in hand paid by Waypoint Bank, it is agreed that no
mechanics or other liens shall be filed against the building by the Contractor or any
subcontractor, nor by any of the material purchased for the erection of the said building,
or against any structure whatever covered by said contract, the right to file such liens is
being expressly waived.
WITNESS my hand and seal the day and year aforesaid.
ATTEST:
Richard C. Arcuri
ATTEST:
eciS~ice LLC
f Ronald E. Wright
DATED: c:~ - ]- o._'.~ May 1, 2003