HomeMy WebLinkAbout97-04091
,Jo. q1- I.j{.A I
STIPULATION AGAINST MECHANICS'LIENS
THIS AGRlmMENT made and condudedthi~ 28th day of July. 1997, B":TWEEN
KR..:IG I" SMITH and TER":SA A. SMITH. hu~band and wife. lIf Illll Fairfield Street.
Newville, Penn~ylvania 17241, partie~ of the fir~t part (hereinafter called Owner).
AND J. E. MOS":MANN, of ISll Graham'~ Wood~ Road. Carlisle. Penn~ylvania
17013, party of the ~econd part, (hereinafter called Contractor).
WHEREAS the ~aid partie~ I'avc by a duly eltecuted Agreement under ~eal, bearing even
date herewith. entered inlo a wrinen contracl for the erection. conMruction. and complelion of a
~plit level dwelling hou~e nn Lot No. Ill, Clovcrfield~, North Newtlln Town~hip.
NOW THIS AGREEMENT WITN..:SSETH: That the Contractor for and in
con~ideration of the contract afore~aid and the con~ideralion mentioned thereunder. as well a~ the
further consideration of One ($1.00) Dollar to him in hand paid by the Owner at or before the
sealing and delivery of these pre~en\S. the receipt whereof i~ hereby acknowledged, doe~ hereby
covenant. promise. and agree that no mechanics'lien or claim or other lien or claim of any kind
whatsoever shall be filed or maintained again~t the said building or buildings or the curtilage or
curtilages appurtenant thereto, by Contractor or by any sub-controlctor. materialmen, or laborers
for work done. or materials fumished under said contract or by any other party acting through or
under them or any of them for and about said building or building~ or any part thereof. or on credit
thereof. and that all ~ub.contraclor~. materialmen and laborer~ on ~aid work ~halllook to and hold
Contractor personally liable for all ~ub-contract~. materials fumished and work and labor done, so
that there shall not be any legal or lawful claim of any kind whatever against Owner for any work
done or labor or materials furnished under !>aid contract for and about the erection. con~truction,
and completion of ~aid buildings as afore~aid. or under any contract for elttra work or for work
supplemental thereto or othetwise.
AND this agreement waiving the right of lien shall be an independent co\'enant and shall
operate and be effective as well with respect to work done and materials furnished under any
supplemental contract for elttra work in the erection, con~truction. and completion of the !>aid
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 Contractor or anyone acting under or through
him or it in violation of the foregoing covenant. the said Contractor for himself. themselves, itself.
hereby irrevocably authorizes and empowers any Anomey of any Court of Common Pleas of the
Commonwealth of ~nnsylvania. to appear for him. them, it or any of them. in any of the said
Courts of Common Pleas as Attorney for him, them. or it and in him. their. its, name, mark
satisfied of record at the cost and eltpense of the Contractor or of any Sub.Contractor or
Materialman, or Materialmen, any and all claims or claim. lien or lien. filed by or for the
Contractor. or any Sub-Contractor or Materialman. or in his or their name against said building or
buildings. lot or lots of ground or any part lhereof and for such act. or acts this shall be good and
sufficient warrant and authority. and a reference to the Court. Tenn and Number in which and
where this Agreement shall have been filed shall be a sufficient elthibit of the Authority herein
contained to warrant such action, and the Contractor for himself, them.\Clves. itself. do hereby
remise. release and quit-claim all rights and all manner of errors. defects and imperfection~
whatsoever in entering such !>ati~factilm or in anywise touching or l'Oncerning the !>ame,
IN WITNESS WHEREOF, the !<aid parties have hereunto set their hands and seal~ dated
the day and year first abo\'C written.
f - t . ':.
Kreig)-, Smith
" ,
(SEAL)
L.
/
/
IT'
'". ,I~ ~., " L
(SEALl
. . ,;. l l.. .I, .. I
TtrCSa A. Smith
,
"0 .,.
.J ~... r ", ~_. '4
.r. E, Mosemann, Contractor
(SEALl
it; ("I ;.-
.. C'1 t;
t;.;.:;. , .'
~I,l' (.~ - .
,- :r.:
tt.~
.. a.
0" -
,
(~, 0:> ,''1'\
u.tI' c-,,; ~,~
l:i!u ~~ \:..,l.
I :;:;'J:
t..:~ r- :~
v 0' v
.!
t=
i
-s..
8
.
o
if
0-
..0
~
~
<.,)
t
~
~
":T
ll)
~
~