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Home My WebLink About97-03319 II.., 'f7, .L1/'l!llL/) r.l_ STIPULATION AGAINST MECHANICS' L1EN-.S THIS AGREEMENT made and concluded on May 7" 1997 BETWEEN Geor~c A. Sheriff of 531 Conodoguinet Avenue, Carlisle, Pennsylvania, party of Ihe first part (hereinafter called Owner), AND D.W. Kelner Enterprises of 108 Willis Road, Newville, Pennsylvania 17241 Pennsylvania, pany of Ihe second pan, (hereinafter called Contraclor), WHEREAS Ihe said panics have hy a duly executed Agreement under seal, hearing even dale herewilh, entered into a written cuntract for the cxcavi:ltion on a ponion of the premises. ahd the construction and cnmplctin of a single family residence 10 he erecled on the 101 of ground situate io North Middlelon Township, Cumherland County. Pennsylvania, known as 531 Conodoguinet Avenue, Carlisle. Pennsylvania, NOW THIS AGREEMENT WITNESSETH: 111allhe Contractor for and in consideration of the contract aforesaid and the consideralion mentioned thereunder, as well as Ihe ftr'.'"rconsideration of One ($L()()) Dollar to him in hand paid by Ihe Owner at or before the scaling and delivery of Ihese presenls. the receipl whereof is herehy acknowledged. docs h\.'rchy covenant. promise, and "!-Iree that no mechanics' lien or claim or other lien or claim of any kind whalsoever shall be filed or maintained against the said building or huildings or Ihe curtilage or curtilages appurtenant therelo, by Contractor or hy any sub-coolractor, materialmen. or lahorers for work done, or materials furnished under said contraclor by any other party aCling Ihrough or under them or any of them for and about said building or buildings or any part Ihereof. or on credit thereof. and that all suh- contractors, materialmen and laborers on said work shall look 10 and hold Contraclor personally liahle for all sub- contraels, malerials furnished and work and labor done, so that Ihere shall not he any legal or lawful claim of any kind whale vcr against Owner for any work done or labor or malerials furnished under said contracl for and ahout the erection. construction. and completion of said buildings as aforesaid. or under any contract for extra \vork or for work supplemental thereto or olherwise. AND Ihis agreement waiving the right of lien shall be an independent covenant and shall operale and he effective as well with respecI to work done and materials furnished under any supplemental conlract for extra work in the erection. construction, and complelion of the said huilding or huildings as any work and labor done and materials furnished under the conlrael aforesaid. AND. in order to give the Owner full power and aUlhorily 10 prolect himself and Ihe lot or IOls of ground againsl any and all claims filed by the Conlraclor or anyone acting under or through him or il in violatioo of the foregoing covenant, Ihe said ContraelOr for himself, themselves, itself, herehy irrevocably aUlhoriles and empowers any Attorney of any Coun of Common Pleas of Ihe Commonwealth of Pennsylvania, 10 appear for him, them. il or any of them, in any of the said Couns of Common Pleas as Anorney for him, Ihem. or it and in him. their. its, name, mark satisfied of record at the cost and expense of the Contractor or of any Suh-Contntctor or Malerialman, or Materialmen, any and all claims or claim, lien or lien. filed hy or for Ihc Conlraclor. or any Sub-Contractor or Materialman, or in his or their name against said building or huildings, lot or lots of ~round or any part Ihereof and lor such act. or acts this shall he good and sufficient warrant and authnrity. and a reference 10 the Court, Tenn and Numher in which and where Ihis Agrecmenl shall have been tiled shall he a sufficienl exhibit of the Authority herein con ,ain cd 10 warrant such action, and Ihe Conlraclor for himself, Ihemselves, itself, do hercby remisc. release and quiH...laim all rights and all manner of errors, defccts and imperfections whatsoc\'er in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF. the said panics have hercunlO seltheir hands and scals dated the day and year tirst above written. (.. ~ /":l _J,?"~..,~~-:o 'L C_ /..l, Geor~.. ,\, Sheriff /l, '/'1. 4(.!,,'z I / (SEAL)