HomeMy WebLinkAbout07-73136 ,7 - nl a ML Z) `7? *y?
Law Offices
LRWIIV & Mc81VIGHT
60 West Pomfret Street, Carlisle, Pennsylvania 17013-3222
WAIVER OF LIENS
THIS AGREEMENT, made and concluded this day of December, 2007, by and between
MICHAEL E. GRIFFIE AND DANIELLE N. GRIFFIE, his wife, of 253 G Street, Carlisle,
Pennsylvania, parties of the first part (hereinafter called Owners),
AND
J & M BUILDING CONTRACTORS, of 1844 Ritner Highway, Shippensburg, Pennsylvania, party of
the second part (hereinafter called Contractor).
WHEREAS, the said parties have by a duly executed agreement under seal, dated December , 2007
entered into a written contract for the erection and completion of a residential dwelling, situate at Lot No. 4 Triple
Crown Corporation, North Middleton Township, Cumberland County, Pennsylvania, as recorded on August 31,
2005 in Deed Book 270, Page 3475.
NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract
aforesaid and the consideration mentioned thereunder, as well as the further consideration of One ($1.00) Dollar to
him in hand paid by the Owner at or before the sealing 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 or maintained against the said building or buildings or the curtilage or curtilages
appurtenant thereto, by Contractor or by any sub-contractor, material men or laborers for work done or materials
furnished under said contract or by any other party acting through or under them or any of them for and about said
building or buildings or any part thereof, or on credit thereof, and that all sub-contractors, material men, 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 contract for extra work, or work supplemental thereto, or otherwise.
AND 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 the erection, construction and completion of said building or buildings as to any work and labor done and
materials furnished under the contract aforesaid.
AND, in order to give the Owner full power and authority to protect itself 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 Material man, or
Material men, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or
Material man, 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 rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in
any- wise touching or concerning the same.
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year
first above written.
&..J` _ 1
BY: ? -_ (SEAL)
MICHAEL E. G Owner
BY: (SEAL)
DANIELVE N. Owner
WITNESSETH: J & M BUILDING CONTRACTORS
BY; /14 0 (SEAL)
JOHN MELLINGER Contractor
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MICHAEL L. BANGS, Esquire Attorney for Plaintiff
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
TRUCK & MOTOR COMPANY, INC. ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS. ) D'1- IN-5
NO. CV-0000283-07
KIMBERLY SHIELDS and )
STEVEN KING, ) CIVIL ACTION - LAW
Defendants )
Amount due: $2,385.55
Interest:
Atty's Comm.:
Costs:
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
The undersigned herby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate
original proceeding filed pursuant to Act 7 of 1966 as amended, and for real property pursuant to Act 6 of
1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County for debt, interest
and costs, upon the following described property of the defendant(s):
Any and all personal property of the defendants located at 23 Wetherbum Road, Enola,
Pennsylvania, 17025
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Perry County, for debt, interest, and costs as above,
directing attachment against the above-named garnishee(s) for the following property (if real estate,
supply six copies of the description; supply four copies of lengthy personalty list)
Attach Defendant Kimberly Shields' bank account located at First National Bank of Marysville,
1 Centre Square, 200 Front Street, Marysville, Pennsylvania, 17053, Account #419087
and all other property of the defendant(s) in the possession, custody or control of the garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of
the defendant(s) described in the attached exhibit.
s ? r
Date: -3 DII D d Signature:
Michael L. Bangs, Esquire C
429 South 18`h Street
Camp Hill, PA 17011
Attorney for Plaintiff
(717) 730-7310
Supreme Court ID #41263
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-7315 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due TRUCK & MOTOR COMPANY, INC., Plaintiff (s)
From KIMBERLY SHIELDS and STEVEN KING, 23 Wetherburn Road, Enola, PA 17025
(1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal
property of the defendants located at 23 Wetherburn Road, Enola, PA 17025.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
FIRST NATIONAL BANK OF MARYSVILLE, 1 Centre Square, 200 Front St., Marysville, PA
17053, Account #419087
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $2,385.55
Interest
Atty's Comm %
Atty Paid $54.25
Plaintiff Paid
Date: 2/05/08
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs
Curtis (R. Long, Prot otary
By:
Deputy
REQUESTING PARTY:
Name MICHAEL L. BANGS, ESQUIRE
Address: 429 SOUTH 18TH STREET
CAMP HILL, PA 17011
Attorney for: PLAINTIFF
Telephone: 717-730-7310
Supreme Court ID No. 41263