HomeMy WebLinkAbout02-5194STIPULATION AGAINST LIENS
WHEREAS, MICHAEL D. McCORKEL and JENNIFER J. McCORKEL,
(hereinafter "Owner") having an address of 35 Bentley Place, Carlisle, PA 17013, and
McCORKEL CONSTRUCTION SERVICES, INC., a Pennsylvania corporation (hereinafter
"Contractor") having an address of 1405 Zimmerman Road, Carlisle, PA 17013 have entered into
a Contract for the construction of improvements upon the property known as 920 Bonny Lane,
Upper Allen Township, Cumberland County, Pennsylvania (hereinafter the "Property") more
specifically described in Exhibit "A" attached hereto;
WHEREAS, it is the intention of Owner and Contractor that neither said lot of ground
nor the improvements erected or to be erected thereon shall be subject to a lien for debts due by
Owner to Contractor or by Contractor to any subcontractor for labor or materials furnished in the
said erection or construction, and that the right of anyone to claim any such lien be waived
hereby.
NOW THIS AGREEMENT WITNESSETH: That Contractor, for and in consideration of
the contract aforesaid and the considerations mentioned thereunder, as well as the further
consideration of One Dollar ($1.00) to it in hand paid by the Owner at or before the sealing and
delivery of these presents, the receipt of which is hereby acknowledged, and intending to be
legally bound hereby, does hereby covenant, promise, and agree, for Contractor and any and all
subcontractors, materialmen, laborers, and parties acting for, through, or under Contractor that no
mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or
maintained against the building, improvements, lot of ground or any part thereof, or the curtilage
or curtilages appurtenant thereto, by anyone, and that all subcontractors, materialmen and
laborers shall look to and hold Contractor personally liable for all subcontracts, materials
furnished and work and labor done.
AND this agreement, waiving the right of lien by anyone, shall be an independent
covenant and shall operate and be effective with respect to work done and materials furnished
under any supplemental contract for extra work in the erection, construction and completion of
the building as well as to 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 Owner and the
building, improvements, and lot of ground against any and all claims filed by Contractor or
anyone acting under or through Contractor in violation of the foregoing covenant, Contractor
hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the
Commonwealth of Pennsylvania to appear for Contractor in any of the said Court of Common
Pleas as Attorney for Contractor and, in Contractor's name, mark satisfied of record at the cost
and expense of the Contractor, or of any subcontractor or materialmen, any and ail claims or
claim, lien or liens, filed by or for the Contractor, or any subcontractor or materialmen, or in the
name of any one or more of them against the building, improvements, lot of ground, 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 instrument shall have been
filed shall be a sufficient exhibit of the authority herein contained to warrant such actions, and
the Contractor does hereby remise, release, and quitclaim 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, Contractor has executed this instrument this 2 q ~day of
October, 2002.
Attest:
McCorkel Construction Services, Inc.
By:
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF C U'~ g~-~'O.A~ )
ON THIS the c/-t~ day of ~T0¢6a. ,2002, before me, the
undersigned officer, personally appeared ,) 05 ~ P0 /~. fl'To ~x~/r'e~c- , known to me (or
satisfactorily proven) to be the ~V~t~ ~- - of McCorkel Construction Services,
Inc. and that he/she as such ~0.. , being authorized to do so, executed the
foregoing instrument for the purposes therein contained by signing the name of McCorkel '
Construction Services, Inc. by himself/herself as such
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
Nolarfa Seal
Wllllam R. Lindsley, Notary Publ c
] .L...o~t~t. AllenTwp., Cumberland County
I ~Y ~./ommlssion Expires Nov. 24, 2003
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