HomeMy WebLinkAbout97-01596
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STIPULATION AGAINST MECHANICS'LIENS
THIS AGREEMENT made and concludcdthis .x 7~;day of /1f"'J/J..1;, 1997.
BETWEEN THOMAS STANKIEWICZ lInd VIRGINIA S. STANKIEWICZ, husbllnd
and wife, of 1270 Sandy Lane, Boiling Springs. Pcnnsylvania 17007, partics of thc first part
(hereinaftcr called Owncr),
AND H. EDWIN BERKHEIMER, of 1314 Kuhn Road, Boiling Springs, Pcnnsylvania
17007, party of thc sccond part, (hcrcinllftcr callcd Contractor).
WHEREAS lhc said parlies havc by a duly excculcd Agrccmcnt undcr seal, bcaring cven
datc hercwith, entcrcd into a writtcn conlract for thc crcclion, conslruction, and complction of a
two-story framc dwelling house finishcd with siding and brick on Lol No. 24, Whitc Oak Court,
The Oaks, Boiling Springs, Pcnnsylvania 17007.
NOW THIS AGREEMENT WITNESSETH: ThaI thc Contractor for and in
consideration of thc contract aforcsaid and thc considcration mcntioncd lhcreundcr, as wcll as thc
further considcration of Onc ($1.00) Dollar to him in hand paid by thc Owncr at or bcforc thc
scaling and delivcry of thcsc prcscnts, thc rcccipt whcrcof is hcrcby acknowlcdgcd, docs hercby
covenanl, promise, and agrec that no mcchanics' Iicn or claim or othcr Iicn or claim of any kind
whatsoever shall be filcd or maintaincd againstthc said building or buildings or thc curtilagc or
curtilages appurtenant thereto, by Contractor or by any sub-contractor, matcrialmcn, or laborers
for work donc, or matcrials furnishcd under said contract or by any othcr party acting through or
undcr thcm or any of them for and about said building or buildings or any part thcrcof, or on credit
thercof, and that all sub-contractors, materialmcn and laborers on said work shall look to and hold
Contractorpcrsonally Iiablc for all sub-contracts, matcrials fumishcd and work and labordonc. so
thatlhcre shall not bc any lcgalor lawful claim of any kind whatc\'cr against Owncr for any work
donc or labor or matcrials furnishcd under said contract for and about the erection, construction,
and completion of said buildings as aforesaid, or under any contract for cxtra work or for work
supplemcnlalthereto or olhcrwise.
AND this agreement waiving the right of Iicn shall bc an indcpcndcnt covcnanl and shall
operate and be cffective as well with rcspcctto work donc and materials furnished undcr any
supplemental contract for extra work in the crection, construclion. and complclion of thc said
building or buildings as any work and labor donc and malcrials furnishcd undcr lhc contracl
aforcsaid.
AND, in order to givc the Owncr full powcr and authority 10 protcct himsclf and thc lot or
lots of ground against any and all claims filcd by thc Contractor or anyonc aCling undcr or through
him or it in violation of lhe forcgoing covcnant. thc said Contractor for himsclf. thcmsclves. ilsclf.
hereby irrcvocably authorizcs and cmpowers any Attorncy of any Court of Common Picas of thc
Commonwealth of Pcnnsylvania, to appcar for him. thcm, it or any of thcm. in any of the said
Courts of Common Picas as Attorncy for him, thcm, or it and in him, thcir, ilS. namc, mark
satisfied of rccord at the cost and expcnsc of thc Contractor or of any Sub-Contractor or
Matcrialman, or Matcrialmen, any and all claims or claim, licn or lien. filcd by or for lhc
Contractor, or any Sub-Contractor or Matcrialman, or in his or thcir namc against said building or
buildings, lot or lots of ground or any partthcrcof and for such act, or acts lhis shall bc good and
sufficient warrant and authority, and a rcfcrcncc 10 lhc Court, Term and Numbcr in which and
where this Agrccment shall havc bccn filcd shall bc a sufficicnt exhibit of thc Authority herein
contained to warrant such action, amI !he Conlractor for himself, thcmselves. ilself. do hcreby
rcmise, rcleasc and quit-claim all rights and all manncr of crrors. dcfccts and impcrfeclions
whalsocvcr in cnlcring such satisfaction or in anywisc louching or conccrning thc samc.
IN WITNESS WHEREOF, thc said partics havc hcreunlo sctth~jr hllnds and scals dalcd
thc day and ycar first abovc writtcn. A. ;I, /I \
/M.. 77'\t"~.::>~ ./j/z.1,)"'C--uJ;l;.juL/-~SEAL) ,
.?--7/ . (7 1 '-_ Thomas SlanklcwlcZ
.#7'...iv -,' - -:--j ',,{, :! ,,-.F k>ljz".:.u> (SEAL)
lrgi m S. Slankicwicz
ATIC3l':" ~ 9/1.e.'..J' <
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H. EDWIN BERKHEIMER
BYfW ;::d."-1.? i~------(SEAL)
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