Loading...
HomeMy WebLinkAbout02-5083 STIPULATION AGAINST MECHANICS' LIENS THIS AGREEMENT made and concluded this /, ~:;~/~'4 day of October 2002, BETVVEEN JOSHUA B. MELL and KATIE E. MELL, husband and wife, of 1011 Center Road, Newville, Cumberland County, parties of the first part (hereinafter called Owner), AND RINE & RINE BUILDERS of 19 Independence Drive, Shippensburg Pennsylvania 17257, party of the second part, (hereinafter called Contractor). WHEREAS the said parties have by a duly executed Agreement, bearing date of August 29, 2002, entered into a written contract for the erection, construction, and completion of a dwelling house on ALL THAT CERTAIN lot or lots situate in Lower Mifflin Township, Cumberland County, Pennsylvania, along Township Road T-412, known as Shed Road, one lot being 1.006 acres, more or less, and acquired by Joshua B. Mell by deed recorded in Cumberland County Deed Book 247, Page 1664 and the other lot containing 2.2900 acres, more or less, and acquired by Joshua B. Mell by deed recorded in the aforementioned Recorder's Office in Deed Book 249, Page 1083, which second lot is also shown on a survey recorded in Cumberland County Plan Book 83, Page 111. Ownership of the said lots is intended to be transferred by Joshua B. Mell to Joshua B. Mell and Katie E. Mell, husband and wife. NOW THIS AGREEMENT WlTNESSETH: 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, materialmen, 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, 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 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 for 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 the said building or buildings as 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 himself and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting, .nrl~r ,~,- th ..... ~. ~.:_ and the Contractor for himself, themselves, itself, do hereby remise, release and quit-claim all righ.ts and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or ~n anywise 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. Jo~ua B. Mell ATTEST: RINE & RINE BUILDERS, INC. Darin G. Rine (SEAL)