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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 .... __....~ I ISEA!.I ,- , ISEAI.I D\\ ~I~ Ill'. Staml'r i "" .' i'!" _~L,L,-_;___L __" J~lll.' I. S~:I1.l.'lll\.h , (. .' ii' ,_ _ISh\!.l -r ct ~ ~ ...... -..J ~ '- p) ~ " (', ~ :! ~ , 0 , ~ 1 i: 0 , , ~ C)Q - .. r. r-- c. v; ,~ J