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Home My WebLink About08-3311 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Christopher A. Ramsey And Elaine G. Ramsey b$ - 33(I Ivl LD Owner CIVIL DIVISION vs NO-LIEN AGREEMENT OR WAIVER OF LIENS 422 Home Sales Contractor Filed on Behalf of: Christopher A. Ramsey And Elaine G. Ramsey Owner COUNSEL OF RECORD FOR THIS PARTY: James John Lomeo, Esquire Pa ID No. 49536 4232 Northern Pike, Suite 203 Monroeville, PA 15146 (412) 856-1960 WAIVER OF LIENS KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, Christopher A. Ramsey and Elaine G. Ramsey (collectively the "Owner") and 422 Home Sales, ("Contractor") have entered into an agreement ("Agreement) relating to the construction of certain improvements to a parcel of real property known as 85 Old Sawmill Drive, Newburg, PA 17240 as more particularly described on Exhibit A attached hereto ("Premises"), as part of the consideration for which agreement this Waiver is given; WHEREAS, the Contractor has covenanted, promised and agreed that no mechanics' liens or claims will be entered and filed against the Premises by Contractor, its subcontractors, vendors, materialmen, laborers, or anyone else for any work. NOW, THEREFORE, Contractor, intending to be legally bound hereby, in consideration of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt of which is hereby acknowledged, as well as for and in consideration of the entry by Owner thereunder, it is stipulated and agreed that neither the undersigned contractor, any subcontractor, vendor, materialmen, laborer, nor any other person furnishing labor or materials to Contractor with respect to the Agreement shall file a lien, commonly called a mechanics' lien, for work done or materials furnished to the buildings or improvements located on the Premises or any part thereof. This stipulation and agreement waiving the right of lien shall be an independent covenant and shall also operate and be effective with respect to work done and materials furnished under any supplemental agreement or arrangement for extra work in the erection, construction and completion of any buildings or improvements on the Premises. In the event that any mechanics' liens or claim is filed by the undersigned, undersigned hereby irrevocably waives any right to a jury trial in any action to strike or discharge the lien. If the undersigned or any contractor or materialmen claiming by, through or under the undersigned files a mechanics' lien, notwithstanding this Waiver, the Owner or the Owner's representatives, successors or assigns shall be have the right to discharge the lien by appropriate legal proceedings and to retain out of any payment then due or thereafter to become due to the undersigned an amount sufficient to completely reimburse and indemnify Owner against expenses and losses resulting from such lien. Expenses and losses shall include any attorney's fees, surety bond premiums and other costs incurred in attempting to discharge or remove such lien and any damages or other losses resulting from such lien all of which the undersigned agrees to pay. If any payment then due to the undersigned by owner is not sufficient to reimburse and indemnify Owner by way ofoff--set as aforesaid, the undersigned agrees to pay the amount of the difference to Owner upon demand. The undersigned hereby warrants and represents that as of the execution of this Waiver, no work of any kind has been done and no materials or supplies of any kind have been furnished in the performance of the aforesaid Agreement or any supplemental agreement of extra work in the erection, construction and completion of any buildings on the Premises or otherwise. This Agreement and Waiver is made and intended to be filed with the Prothonotary of the Court of Common Pleas of the County where the Premises are located and Contractor agrees that it, all subcontractors, vendors, materialmen, laborers on said work shall look to and hold Contractor liable for the Agreement, materials furnished and work and labor done, so that there shall not be any legal or lawful claims of any kind whatsoever against Owner for any work done or labor or material furnished under the Agreement with the Contractor. It is expressly understood that the foregoing Waiver and all of the provisions and remedies herein contained shall be available to and for the protection of Owner. IN WITNESS VV~F, Contractor and the Owners have signed and sealed these presents as of the °°~~~/// ~ Day of , 2008. Wi NTRACTOR: 422 Home Sales OWNER: s Chris opher A. Ramsey N ~~~~ Elaine G. Ramsey Wit COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ALLEGHENY ) SS: On this the ~ Day of , 2008, before me, a Notary Public in and for the Commonwealth of Pennsylvania, ersonally appeared Christopher A. Ramsey and Elaine G. Ramsey, husband and wife to me or satisfactorily proven to be the person(s) whose name(s) are subscribed to the herein instrument and acknowledged that he/she/they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. COMMONWEALTH O~s~LVANIA Notarial Seal James J• Lomeo, Notary Public Monroeville t3oro, Allegheny County My Commission Expires Aug. ;?0, 2010 F e~moer, Penn~~~Ie~a~r+ia Asscrciaf?cm c~f ~:;,k»;~,~:,,~ otary COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ALLEGHENY ) SS: ````~~ ~ On this the G~3 Day of , 2008, before me a Not~?~' Public in d for the Commonwealth of Pennsylvani ,personally appeared ~ 1 ~ n~'n~ `j~ V.P. of 422 Home Sales who known to me or satisfactorily proven to be th person(s) whose name(s) are subscribed to the herein instrument and acknowledged that he/she/they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. COMMONWEALTH OF f'EI4i~S'~'~~J,4;viA Notarial Seal James J. Lomeo, Notary Public Monroeville Boro, Allegheny County My Commission Expires Aug. ;?0, 2010 ~ Ikl lY'tAP. r; r~[+Ml;at,vR~e ;nip RCR^~,'lslf,~r !l~ r~Q[ LEGAL DESCRIPTION EXHIBIT A ALL that certain lot or parcel of ground situated in the Township of Hopewell, County of Cumberland, and Commonwealth of Pennsylvania, being Lot No. 1 in the Land Subdivision for Lucy E. Jestes, as recorded in the Recorder's Office of Cumberland County, Pennsylvania in Plan Book Volume 48, page 18, and being more fully bounded and described therein. BEING designated as Map No. 11-07-0495-016A. The 2007 Colony A3122 to be erected or already erected on said parcel, it shall be the intention of all the parties, that 2007 Colony A3122 shall be a permanent part of the realty. -Ei~ P~ ~ U 0 5 ~ Q' ~ .b o n ~, -' ,=~~~; ~? rJ ^i;_ ;- c~ -~~ ~. ~~'~ ..: _. ` --, dr ~ ~¢i sa ~