HomeMy WebLinkAbout02-5707STIPULATION AGAINST MECHANICS' LIENS
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THIS AGREEMENT made and concluded this ~,o,7 day of November, 2002
BETWEEN JOHN V. SWARTZ and JENNIFER L. SWARTZ, husband and wife, of 403
North Market Street, Mechanicsburg, Pennsylvania 17055, parties of the first part (hereinafter
called Owner),
AND JAMES N. CLITES, t/d/b/a CLITES DESIGN & BUILDERS, of 615 West Old
York Road, Carlisle, Pennsylvanial7013, party of the second part, hereinafter called
Contractor).
WHEREAS the said parties have by a duly executed Agreement bearing date
November 1, 2002, entered into a written contract for the erection, construction, and completion
of a dwelling on lot or tract of ground situate in Dickinson Township, Cumberland County,
Pennsylvania, being known as Lot No. 1 as shown on a Preliminary Final Subdivision Plan for
Parent Industries (the "Plan"), which Plan is recorded in the Office of the Recorder of Deeds in
and for Cumberland County, at Carlisle, Pennsylvania in Plan Book 50, Page 150, being more
fully described as follows:
NOW THIS AGREEMENT WITNESSETH: 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
cruction, coh~ruction, and conqpletkm of ~aid buildings as aforesaid, or u,dcr an)' contract fm
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 under or
through him or it in violation of the foregoing covenant, the said Contractor for himself,
themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of
Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it or any of
them, in any of the said Courts of Common Pleas as Attorney for him, them, or it and in him,
their, its, name, mark satisfied of record at the cost 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 Sub-Contractor or Materialman, or in his or their name against said
braiding or builcl~ngs, lot or lots of ground or any part thereof and for such act, or acts this shall
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated
the day and year first above written.
...... (SEAL,)
CLITES DESIGNS & BUILDERS
James N~lites
(SEAL)