HomeMy WebLinkAbout02-4963_STIPULATION AGAINST AND WAIVER OF LIENS
KNOW ALL BY THESE PRESENTS, that:
BACKGROUND
Stephen V. Sworen, Jr. and Richelle Sworen, married indi ' .
,, ,, . v~duaisand M Builders
!_,C_~ntra. ct~.r ), hav. e entered ~nto a construction agreement dated /o f/~i~J.}.._ , ~,c,~^..~.~..,,~
r~aung to me erection and construction of" ..... ~a~, :_ --' i ' l v -- ~ ,~,,,,ua,~t /
· ~,~-,~-~,~ mxprovements upon real estate described in
Exhibit A hereof which is attached hereto and incorporated herein by reference, as part of the
consideration for which agreement this Stipulation and Waiver of Liens is given:
AGREEMENT
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 and sufficiency of which are
hereby acknowledged, as well as for and in consideration of the entry by Owner into the Contract,
does hereby, for Contractor and any and all subcontractors, materialmen and parties acting for,
through or under Contractor, or any of them, or anyone, covenant and agree with Owner that no
mechanics' liens or claims shall be filed or maintained by Contractor, and any and all
subcontractors, matefialmen and parties acting for, through or under Contractor or any of them, or
any one, against the above-described real estate, or the buildings or other improvements erected or
to be erected thereon, or any of them, or the estate (including a leasehold estate), interest or title
thereto of Owner, for or on account of any work done or materials furnished under the Contract or
under any supplemental contract, verbal or written, or contract for extra work relating to the
construction and completion of said buildings or other improvements, or any of them, or otherwise;
and Contractor, for Contractor and any and all subcontractors, materialmen and parties acting
through or under Contractor any of them, hereby expressly waives and relinquishes the right to
.have, file or maintain any mechanics' liens or claims against said real estate or buildings or other
~mprovements or any of them.
Contractor hereby covenants, promises and agrees that all subcontractors, material suppliers, and
laborers on the work shall look to and bold Contractor personally liable for all subcontracts.
materials furnished and work and labor done, so that there shall not be any legal or lawful c~lalm of
any kind whatever against Owner, or any other person with an estate (including a leasehold estate)
in the above-described property, for any
Contract or otherwise, work done or labor or materials furnished under the
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 construction and completion of the said buildings or other
improvements as to any work and labor done and materials furnished under the contract aforesaid.
Contractor hereby represents and warrants that prior to the date hereof no work has been done and
no materials have been furnished with regard to the construction which is the subject of the
Contract or with regard to any supplemental contract, verbal or written, or contract for extra work
in or about the construction and completion of any buildings or other improvements on the above-
described property.
In order to give Owner and any person having an estate in the above-described property (including
a leasehold estate), full power and authority to protect itself and themselves, the above-deseribed
property, the buildings or other improvements to be constructed thereon, and the curtilages
appurtenant thereto, against any and all liens or claims filed by the Contractor or anyone acting
under or through it in violation of the foregoing covenant by Contractor, the Contractor hereby
irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the
Commonwealth of Pennsylvania, to appear as attorney for it, them, or any of them, in any such
Court, and in its or their name or names, (a) to the extent permitted by law, to mark satisfied of
record at the cost and expense of Contractor or of any subcontractor, laborer or material supplier,
any and all claims or liens filed in violation of the foregoing waiver and covenant, or (b) to cause to
be filed and served in connection with such claims or liens (in the name of Contractor or any
subcontractor, laborer or material supplier, or anyone else acting under or through it) any pleading
or instrument, or any amendment to any pleading or instrument previously filed by it or them, to
incorporate therein, as part of the record the waiver contained in this instrument, and for such act or
acts this instrument shall be good and sufficient warrant and authority, and a reference to the court,
term and number in which and where this Waiver of Liens shall have been filed shall be a sufficient
exhibit of the authority herein contained to warrant such action, and the Contractor for itself and for
and any and all subcontractors, materialmen and parties acting for, through or under Contractor,
.does hereby remise, release and quit-claim all rights and all manner of errors, defects and
unperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or
amendment, or in any way concerning them.
This agreement and Waiver of Liens is made and intended to be filed with the Prothonotary of the
~C~_urt._o_f,_C.o .mmo,n .P!e.a.s of, the Co. unty of Dauphin, Commonwealth of Pennsylvania, or other
IOXVp~t pmce ~n wmcn me anove-aescribed lands are located, within ten days after the date hereof in
accordance with the requirements of law in such case provided.
IN WITNESS WHEREOF, Contractor has signed and sealed these presents this dff~'~ day
o f~t~a/~nn'-2002.
Contractor:
CMH Builders, Inc.
Chuck~.~ower, President
(Seal)
Commonwealth of Pennsylvania ) ss.
County of ~ ~ I~tZ ~( )
On this, the .~r~ day of~ 2002 before me, the undersigned officer, personally
appeared Chuck M. Hower, who acknowledged himelf to be the President of CMH Builders, Inc.,
and that he, as such, being authorized to do so, executed the foregoing Stipulation and Waiver of
Liens for the purposes therein contained by signing and desired that the same might be recorded as
such.
IN WITNESS WHEREOF, I hereunder set my hand and Official Seal.
Nqltary Public ~ I(
My Commission Expires:~l~lar/ptll~l