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HomeMy WebLinkAbout97-04821 I)) (/~)I /11 1.6 STIPULATIQN AGAINST MOCJJANICS' LlE~ THIS A<;REEMENT lIIadc and ,""Idadcd "n . 1'1'17 DETWEEN Edward I.. RYllex. Jr. Ulld SUSUII I.. RYlle,. uf 1229 1Il1l,lde IIrlve. Carlisle, I'A 17013, purty of the fir~1 part \11I.:n':lIlaha l..:alkd OWIlCr), V Associates ANII Northern Cun,lrueliulI "I 518 Brldg(' Street, New Cumberland, Pcnnsyl'Junia, party uf the ~IC~'\lllf,J pari. (hcrcilwftcr (ailed Nunhl.'n1 <:Oll~IrU(lillll' WHEREAS the ~aiJ partlc~ have hy a July c,'(Cl.:Ull'J Agreement under M~al, hearing cnm dute herewith. entered into l.l WriIlCI1l.:onlr:\l':1 for thr: c:xl.:avi.llion UIl a porlitm of thc pr~~lI1iscs. aht..! the t.:onstrul.:lion and cllIllplclio of a single family rcsiJclIl.:c hi he cn:lro:lcu Oil the 101 of ground situate in South MiJJh:tun Towmihip. Cumberland Cuunly. Pcnn,'ylvania. kn"wn '" Lot " of Sunri.e Meadow.. NOW THIS AGREEMENT WITNESSETH: That thc (""lIraCI"r f"r and in cun,iderution of the contract aforesaid uno the l.:l)fl~iJerauon llIl.l'nli(lI\ed thereunder, as well as the fUrlhcr l:onsiJerulhll1 of One ($1.00) Dollar to him in hand paid hy the Owner at or hcforc the scaling and delivery of thes~ presents, the n:l:cipl whereof is hereby acknowledged, does hl:rehy ":llvenant, promise, ilnd agree that no lI1echanil:s' lien or claim or other lien or claim of any kino whatsocver shall he filcd or l11aintainl.'d against the said huilding or buildings or the curtilage or curtilages appurtenant thereto. hy Contra..:tor or by uny sub.contractor, materialmen, or laborers I'm work done. or materials furnished under said ..:onlral:l Of by any other party acting through or under them or any of them for and aboul said building or buildings or any patlthereof. or on credillhereuf. and thaI all sub. contractors. malerialmen and laborers on said work shall look to and hold Contractor personally liable for all suh- contracts, materials furnished and work and labor done. so Ihalthere shall not be any legal or lawful claim of any kind whatever against Owner for any work done ()r labur or materials furnished under said I:ontract for and ahout the erection. construction. and completion of said buildings as aforesaid, or under any l.:ontn\ct for extra work Of for work supplemental thereto or otherwise. AND this agreement waiving Ihe right of lien sball be an independent covenant and shall operale and be effective as well with respect to work dOIH~ and materials furnished under any supplemental contruct for extra work in the erection, construction, and completion of the said building or buildings as any work and labor done and materials furni.hed under the contract aforesaid. AND. in order to give Ihe Owner full power and authority to protect himself and Ihe 101 or lots of ground against any and all claims tiled by the Coo tractor or anyone acting under or Ihrough him or it in violation of the foregoing covenanl. the said Contractor for himself. Ihemselves. itself. herehy irrevocably authorizes and empowers any Attorney of any Court of Common Pleas ufthe Commonwealth of Pennsylvania. to appear for him, them, it or any of them. in any of the said Courts of Common PI~as as Attorney for him. them, or it and in him, their. its. name. mark satidit:d of rCl:ord at the cost and expense of the Contra"tor or of any Sub~ Conlractor or Malerialman. or Malerialmen. any and all claims or claim. hen or hen. filed by or for the Contractor. or any Sub~Contractor or Mat~rialman. or in his or their mlmc against said building or building~. lot or lots of ground or any part thereof and for such acl. or acls this shall be good and ,uffkient warrant and authorily. and a reference to the Court. Term and Number in which and where Ihis Agreement .hall have been filed shall be a sufficient exhibit of Ihe AUlhority herein contained to warrant such action. and the Contractor for himself. themselves, it,elf. do hereby remISe. release and quil-c1aim all rights and all manner of errors, defects and imperfections whutsoev-er in cnterlng stich satisfaction or in anywise touching or "onccrning the game, IN WITNESS WHEREOF. the said parties have hereunlo setlheir hands and seals dated the day and year linn above wriuen. Northern Construetlon Associa tes BY~ I, 1/4., ')o./=tSEAL) /.JD '1~ CTIvt.Ii...L 1l.1Mt~40t, /-. ,,' t::..,~" "", -l !'7~.A (SEAL) Edward t. Kynn. Jr. ;?"YT{ j .') ~~rL iL J ( ~l.r~u2 f (SEAL) Su.an L. Rynn " ,,' '( t ,~ '~. ~ cr; l::') ~. ~~ " ,., ''': ,.. ~~ I.J J ~-:; ..;; ~ C)-: . tt~ .' .'''co ~\/\ I'. " C!. " 5:' ., ~ ,- I .~ ~ (.,,; l(~) .~ L.L. I~ , '/} --.J ~ Ci.:I.,. e., , ~. r: . I<.L; ,\;,"'0 , , h. (;; :,'!Q.. " ,... p" (,) 's en U , , , , " ( , t-'