HomeMy WebLinkAbout02-5395STIPULATION AGAINST LIENS
WHEREAS, OAKWOOD CUSTOM HOMES INC. ("Contractor") has entered into a
written contract with DOUGLAS L. ZOOK ("Owner")
for the construction orA SINGLE FAMILY DWELLING to be located at
And t .
WHEREAS, it is the intention of thc Owner and Contractor that neither said lot of ~ound
nor (he improvements erected or to be erected thereon or installed therein shah be subject to a lien
for debts due by Owner or Contractor or by ConWactor to any Sub-Contractor for labor or
materials furnished in the said construction oQnstallation, and that the right of anyone to claim
any such lien to bc waived hereby.
NOW THIS AGREEMENT WI~ESSESTH: That contractor, for and in consideration
of the contract aforesaid and the consideration mentioned thereunder, as well as the fu~hcr
considcrution of One Dollar ($1.00) to him paid by the Owner at or before thc sealing and
dclivc~ of these presents, thc receipt of which is hereby acknowledged, and intending to bc
legally bound hereby, docs hereby covenant, promise and agree, for contractor and any and all
sub-contractors, materialmen~ laborers and panics 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 thc building or buildings, improvements, lot of ground or any pa~ thereof, or
the cumilagc or cuni]ages appumcnant thereto, by anyone, and that all sub-contractors,
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 bc effective with respect to work done and materials furnished
under any supplemental contract for extra work in the construction and installment of
improvements in the building as well as to any work and labor done and materials furnished
under thc contract aforesaid.
AND, in order to give the Owner full power and authoriW to protect Owner and the
building~ improvements and lot of ground age, st any and all claims filed by Contractor or
anyone acting under and through contractor in violation of the foregoing covenant, Contractor
hereby irrevocably authorizes and empowers any A~omey of any Cou~ of Common Pleas of the
Commonwealth of Pennsylvania to appe~ for Contractor in any of thc said CouPs of Common
Pleas as A~omey for ConWactor and in contractor's namc~ mark satisfied of record at the cost and
expanse of thc Contractor, or of any subcontractor or materialmcn, any or all claims or claim, lien
or liens, filed by or for thc contractor, or any subcontractor or materialmcn, or in the name of any
one or mom of them against the building, improvemcnts, lot of ground or any pa~ thereof, and,
for such act or acts, this shall bc good and sufficient warrant and authori~, and a reference to the
Coum, Term and Number in which and where this instrument shall have been filed shall be a
sufficient exhibit of thc authority herein contained to wa~ant such action, and thc Contractor does
hereby rcmisc, release and quitclaim all rights and all manner of e~or, defects and imperfections
whatsoever in entering such satisfaction or in any wise touching or concerning the same.
This power may bc exercised from time to time as o~en as shall be deemed necessa~.
IN WI~ESS WHEREOF, Contracto} and Owner have exec~his instrument the
Witness:t ~~US~OMES, INC.
] Contractor:
~- // Owner(s): DOU
./
COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND
'~,1s~' ~C't-~ ~ ,>.'