HomeMy WebLinkAbout97-03654
91- .J{~~1f I)/,,-D
STIPULATION AGAINST MECHANICS' LIENS
THIS AGREEl\IE~T made and concluded on July 7 ' 1997
BETWEEN Dwayne .t'-'Slarner and Julie L. Sensenlch of Cumherland Counly, Pennsylvania, pany of
Ihe firsl part (hercinaner called Owner),
AND Lynford K. Donlvan of 116 West Hillcresl Drive, Carlisle, Pennsylvania 17013. pany or Ihe second
part, (here inaner called COnlractor),
WHEREAS Ihe said panies have hy a duly e,eeuted Agreement under seal. hearing even dale herewith,
entered into a written contral.:t [or the excavation. the construct inn and completion of a single family residence to
he erecled on Ihe lot of ground siluale in West Pennshorn Township, Cumherland County, Pennsylvania, known
as Walson Drive, Carlisle, Pennsylvania, (LoI 34, Phase 2 of Cross Road School Road Estales, Plan Book 72,
Page 60)
NOW THIS AGREEMENT WITNESSETH: 111allhc Con"aclor for and in consideration of Ihe
contract aforesaid and the considcr~Hion mentioned thereunder. as well as the further consideration of One ($ UX})
Dollar to him in hand paid hy Ihe Owner al or he fore Ihe scaling and delivery of Ihese presents, Ihe receipt
whereof is hereby acknowledged. docs herehy covenant. promise. and "pee that no mc,hanics' lien or claim or
other lien or claim of any kind whatsoever shall he tiled or maintained against the said building: oc huildings or
the curtilage or cunilagcs appurtenant thereto. hy Contral:tnr or hy any suh-contractor. materialmen. or lahorers
for work done. or materials furnished under said contract or hy any othcr party acting through or under Ihem or
any of thcm for and ahout said huilding or huildings or .my pan thereof. or on crcdit thercof. and that all suh-
contractors. materialmen and laborcrs on said work shall look to and hold Contractor personally liahlc for all suh-
contraclS, materials furnished and work and lahor done, so Ihal there shall nol he any legal or lawful claim of any
kind whatcvcr against Owner for any work <':one or labor or materials furnished under said contral't for uno about
thc crcction. construction. and completion of said buildings as aforesaid. or under any contracl for extra work or
for work supplemental thcreto or otherwise,
AND this agreement waiving the right of lien shall he an independent c{wenant and shall opcrate and he
effectivc as well with respect to work done and materi.lIs furnished under any supplemental contract for extra work
in the erection, construction. and completion of the said huilding or huildings as any work amllahor dnoe and
materials furnished under the contraL:t aforesaid.
AND. in order (0 givc the Owner full power and authority to protect himself and the lot Of lots of gmund
against any and all claims liIed hy the Contractor or anyone acting under Of through him Of it in violation of the
foregoing covenant. the said Contractor for himself. themselves. itsclf. herehy irre"ocably authorilcs and
empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear I'm
him. them, it or any of them, in any of the said Courts of ClmmlOn Ph:as as Attorney for him. them. or it and in
him, their, its. name. mark satisfied of rel'ord at the co~t and cxpense of the Contral.:tor or of any Suh-(ontr.ll.:tor
or Materialman. or Materialmen. any and all claims or claim. lien or lien. filed hy or for the Contral.:tor. or an)
Suh.Contractor or Materialman. or in his or their name against said huilding or hUllding~. lot or Ints of ground or
any part thereof and for such Jct. (lr acts this shall t'C good and sufficient w.urant and authority. and a rekrcOl.:e to
the COunt Term and Numher in \\ hil'h and \\ here this Agrl'l't1lent ~hall ha\'e ht:cn tIIcd ~hall he a "ullil'lent
cxhihit of the Authority herein contained to w.urant "uch al.:tHln, .mLl the Cnntral.:tllr fllr him,elf. them...ehe\,
itself. do hcreby femise. relea"e and quit-claim all rights and all manner llf cmlr', dcfcct\ and impcrh:cthm...
whatSllC\Cr in entering sUl'h ".ltisfal'ti(lO or in anywise ({lul.'hin!! or conl.'erning the ~ame.
"'HEREOF. the "aid partIes ha\'l~ herl'unto "c( thclr hand, anll 'eal, d,lll'd the d.l)" .md
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