HomeMy WebLinkAbout96-05035
,\10' C((P-5J.35
STIPULATION AGAINST MECHANICS' LIENS
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THIS AGREEMENT made and concluded this i (, day of September, 1996,
BETWEEN STEVEN E. SHAn'ER and SUSAN M. SHAI'I'ER. husband and wife. of
4350 Enola Road, Newville, Pennsylvania 17241, parties of the fiN part (hereinafter called
Owner),
AND FORRESTER BUILDERS, of 243 Shady Road, Newburg, Pcnnsylvania
17240, party of Ihe second part, (hereinafter called Contractor).
WHEREAS the said parties have by a duly executed Agreemcnt under seal. bearing even
date herewith. entered into a wrillen contract for the erection. construction, and completion of a
dwelling house on lot No,9, Shady Grove. North Newton Township, with mailing address of 74
Horn Road, Shippensburg, Pennsylvania,
NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in
consideration of the contracl aforesaid and the consideralion mentioned thereunder. as well as the
further consideration of One ($ 1,(0) 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
covenanl. 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. materialmen. or laborers
for work done, or materials furnished under said contract or by any other party acling through or
under them or any of them for and about said building or buildings or any part lhereOf' 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 nOI be any legal or lawful claim of any kind whatever againsl Owner for any work
done or labor or materials furnished under said contract for and aboUllhe erection. construction.
and completion of said buildings as aforesaid, or under any contract for extra work or for work
supplemenlal therelo or otherwise.
AND this agreemenl waiving the right of lien shall be an independenl covenant and shall
operale and be effective as well with respecI to work done and materials furnished under any
supplemental contracl for extra work in Ihe ereclion, construction. and completion of lhe said
building or buildings as any work and labor done and materials furnished under lhe conuacl
aforesaid.
AND, in order to give the Owner full power and authorily 10 proIect himself and the lot or
lots of $round againsl any and all claims filed by lhe Contractor or anyone acting under or through
him or II in violation of lhe foregoing covenant.lhe said Contractor for himself. lhemselvcs, itself,
hereby irrev'ocably authorizes and empowers any Allorney of any Court of Common Pleas of the
Commonwealth of ~nnsylvania. to appear for him, lhem. it or any of them, in any of the said
Courts of Common Pleas as Attornev for him. them, or it and in him, their. its, name. mark
satisfied of record al the c~1 and expense of the Contractor or of any Sub-Contractor or
Materialman, or Materialmen, any and all claims or claim. lien or lien, filed by or for the
Contractor, or any Su~ontractor or Materialman, or 10 his or their name againsl said building or
buildings, 101 or lots of ground or any part thereof and for such acl, or acts this shall he good and
"lIlflCient warrant and authority, and a referelh.'e to the Coon, Term and Number in which and
where this A'lftment shall hav'c been filed shall be a sufflCienl uhiblt of the Authonty herein
conlaiMd 10 w:unnl sllCh acti(m, and the Contractor for himself, the"'-'ith'es. ilself. do hereby
remise, release and quil-daim all rights and all manner of em\r'l.. defects ilnd imperfeclkJnS
v..hatsoev'er in erlteCllll "lICh \ali\l'at.'tion or in any'wise l(lllChing or COIk.-ernilllthe SOUl\(.
IN WITNt:."S WIIEREot', the s.atJ parties h<ave hereunto 'it! If Iwtds and seals doIkd
the dii)' and )~ar fiN above v.CIUen i
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stf\tU E. Shaffer
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Sus.aIl. M Shlller'
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FORRESTER 8{'IU>ERS
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