HomeMy WebLinkAbout02-4777STIPULATION AGAINST LIENS
THIS AGREEMENT made and concluded this 9th day of September, 2002
between Westgate Garden Associates, Party of the first part (hereinafter called Owner),
Tuckey Restoration, Inc., party of the second part (hereinafter called Contractor).
WHEREAS, the Owner and Contractor have by a duly executed Agreement
under seal, bearing even date herewith, entered into a written contract for the erection
and completion of mold remediation to be erected at The Village at Highland Park ("the
Property./'), located at 1104 #3 Columbia Avenue, Lemoyne, Pennsylvania.
Which Property is owned by the Owner, in which Agreement the Contractor
covenanted, promised and agreed that no mechanics' claims or liens should be entered
and filed against the said Property or any part thereof, or the curtilage or curtilages
appurtenant thereto.
NOW THIS AGREEMENT WITNESSETH: That Contractor for and in
consideration of the awarding to him by Owner of said contract as aforesaid, as well as
the further consideration of eleven thousand three hundred forty six and 63/100
($11,346.63) Dollar to him 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 Property or the curtilage or curtilages appurtenant thereto, by Contractor
or by any subcontractor, materialmen or laborers for work done or materials furnished
under said contract for and about the Property or any part thereof, or on credit thereof,
and that all subcontractors, materialmen, and laborers on said work shall look to and
hold Contractor personally liable for all subcontracts, materials furnished and work and
labor done, so that there shall not be any legal or lawful claim of any kind whatsoever
against Owner for any work done or labor, or materials furnished under said contract 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 themselves
and the Property 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 authorized 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 subcontractor, or materialman or materialmen, any and all claim
or claims, lien or liens, filed by or for the contractor, or any subcontractor or materialmen,
or in his or their name against said Property, 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 anywise touching or concerning the same.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
Signed, Sealed and Delivered in the presence of:
AS TO CONTRACTOR:
Print Name: ~.~
Print Title:
t/d/b/a The Village at Highland Park
Tuckey Restoration, Inc "- ~-
Name: (~XS~.~: 'K~L. Tuckey
Title:~l~'~aZ:la~ President
Corporate Seal
FOR OWNER
STATE OF: PENNSYLVANIA)
SS:
COUNTY OF: YORK)
Personally appeared before me David H. Hogg, signer and sealer of this Agreement,
known to me to be President of Springwood Real Estate Services, authorized agent for
Westgate Garden Associates, Owner, and acknowledged the same to be his free act
and deed.
Notary P~lic
FOR CONTRACTOR
STATE OF:
COUNTY OF:
PENNSYLVANIA)
SS:
CUMBERLAND
Personally appeared before me Kenneth L. Tuckey , signers
and sealers of this Agreement, having shown evidence to me to be ~
Tuckey Restorationt In, Contractor, and acknowledged the same to be their free act and deed,
duly authorized by the Contractor.
Notary Public