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HomeMy WebLinkAbout97-04090 No. q,- 4(..Qo STIPULATION AGAINST MECHANICS'LIENS THIS AGREEMENT made and coneludedthis 28th day of July. 1997. HETWE":N KREIG I.. SMITH and TERESA A. SMITH, husband and wife. of lOll Fairfield Street. Newville, Pennsylvania 17241. panics of the first pan (hereinafter called Owner). AND ROB":RT O. nOUD":R, SR.. of lOll Fairfield Street. Newville. Pennsylvania 17241. pany of the second pan, (hereinafter called Contractor), WHEREAS the said panics have by a duly executed Agreement under seal, bearing even date herewith. entered into a wrillen contf'.lct for the erection. construction, and completion of a split level dwelling house on Lot No, 18. Cloverfields. Nonh Newton Township. NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the considef'.ltion mentioned thereunder, as well as the funher 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 elaim or other lien or claim of any kind whatsoever shall be filed or maintained against the said building or buildings or the cunilage or cunilages appunenant thereto, by Contractor or by any sub-contractor. materialmen. or laborers for work done. or materials furnished under said contract or by any other pany 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 bold 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 whate\'er against Owner for any work done or labor or materials furnished under said contract for and about the erection. construction. and completion of said buildings as aforesaid. or under any contf'.lct for elUr.! work or for work supplemental thereto or otherwise, AN D this agreement waiving the right of lien shall be an independent coven anI 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 Contf'.lctoror anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor for himself, them'iClves. itself. hereby irrevocably authorizes and empowers any Allomey of any Coun of Common Pleas of the Commonwealth of Pennsylvania, to appear for him. them. it or any of tbem. in any of the said Couns of Common Pleas as AllOrncy for him, them, or it and in him. their. its. name. mark satisfied of record at the cost and ellpense of the Contf'.lctor or of any Sub-Contractor or Materialman. or Materialmen. any and all claims or claim, lien or lien, filed by or for the Contr,actor. or any Sub-Contractor or Materialman. or in his or their name against said building or bulldlOgs. lot or lots of ground or any part thereof and for such act. or acts this shall be good and sufficient warrant and authority. and a reference to the Coun. Term and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the Authority herein contained to warrant such action. and the Contractor for himself. themselves. itself. do" hereby remise. release and quit-claim all rights and all manner of errors. defects and imperfections whaboe~r in entering such satisfaction or in anywise touching or \"Ol1\.'trning the same, IN WITN..:s.."i WH":R..:m., the said parties have hereuntn set their hands and sea" dated the day and year fiN abll\e wrillen. . ' Krti~L S~ilh (SEAL! (.. , .- ~. ,.., (SEAL! Teresa A. Smith ~;~.~~;:~;~t~l (SEAL) J I\l r= ~ ~ tr. (Y) -- -a. a- ("; ,'- ~ 00 ., "3- 1--; .' ~ uJr: i,.....: 8 00 \!l ~.<~: . : , . .' ,...: ,. ":tj b' .~. ,.< ~ c~ c:) D ~ c:t.. L;..;t'. c-~ - V ~:~; =--:~ "'- j ~ ,...- . .18.- , tl. - 8 0 . C',