HomeMy WebLinkAbout03-055001/27/2003 l~..t 71754095S5
GODFREY COURTNEY PC,
PAGE 02/84
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SHAUN L. LAUGHMAN and ,DEBORAH
A. JOHNSON,
Owners,
T&J BUILDERS,
Contractor
STIPULATIQ ,N AGAINST LIENS
THIS STIPULATION is made this ~..c~ day o.f.~ I~ ,2003 between Shaun
L Laughraan and Deborah A. Johnson ("Owlet'n)-,-single individuals, with an address at 566
Middle Road, Newville, Pennsylvania 17241, and T&J
address at 140 Ott Road ~-: .... .~ .. . . BUILDERS ("Contractor"). with an
~, o~uppensotu.g, t'enasylvania 17257. '
A. Owner is the legal owner of certain real property located at Lot 12 Walnut Bottom Road,
Carlisle, Cumberland County, Pennsylvania and the improvements thereon, more particularly
described in Exhibit "A" attached hereto (the" ,'
08-11-0296~011. Properly ), and having Uniform Tax Parcel No.
B. Owner and Contractor have entered into that certain Contract dated December 16, 2002,
for the construction a new home with an attached, street level two-car garage located on the
Property or any addition thereto (tb.e "Contract").
C. Contractor has covenanted, promised and agreed, and hereby covenants, promises and
agrees, that no mechanic's or materialrnan's lien or claim shall be filed or maintained in the
Property or any part thereo~ either by itselfor anyone else for or on account of any work, labor
or materials supplied in the Perforraance of the Contract, or under any supplemental contract for
extra work, or in any other erection,
the Property. , construction, completion, or renovatien of improvements to
D. This Stipulation Against Liens is intended to benefit and protect Owner and its successors
and assigns.
15:16 7~75403555 GODFREY OO_'RTN~y' PC
PAGE 83/84
WITNESSETH:
In consideraiion of the above Background, herein incorporated by retL-'rence, and
intending to be legally bound hereby, Owner and Contractor, for themseives and th. ear respective
representatives, successors and assigns, and others claiming by or under it or them. agree as
follows:.
1, The Contractor, for itself and anyone else act ng or claimint -
urider it for and in cons~demtmn of the Contract and the ct~,~i~,,--' g ..o act.th?ugh or
......... arions mennoned thereill, does
hereby waive a.nd relinquish all right to file a mechanics' lien, clmm or noticc of intention to file
any lien or claim, and does hereby covenant, and stipulate that no machauics' lien or claim or
other lien or claim of any kind whatsoever shall be filed or maintained against any improvements
or the estate or title of Owner in the Property or the curtilage or curtilages appurtenant thereto, by
or in thc name of Contractor or any subcontraaor, materialmen or laborers t'br work done or
materials furnished under thc Comract or by any other party acting through or under them or any
of them for and about dae Property or any part thereof, or on credit thereof., and that ali
subcontractors, rnaterialmen, and laborers on the work shall look to and hold Contractor
persona ly liable for all subcontracts, materials furnished and work and labor done, so that there
shall not be any legal or lawful c' ' . ·
,acm of any kind whatsoever against Owner for any work done
or labor or materials furnished undo r the Contract,
work supplemental thereto, or otherwise, or under any contract Ibr extra work, or for
2. This Agreement wa/x,ing the right of lien shall be an independent covenant and
shall operate and be effective as well with respect te work done and materials furnished under
any supplemental contract for extra work t.o thc Property ~ to any work and labor done and
materials furnished trader the Contract.
3. In order to give Owner full power and authority to protect itself and the Property
against any and all claims filed by Contractor or anyone acting under or through Contractor in
violation of the foregoing covenant. Contractor hereby irrevocably authorizes an
Attorney of any Court of Common P ess ,-r,~-~ t, ....... .. _ d empowers any
any of the Courts of Common Pleas as Attorney for it and, in its name, to mark satisfied of
"-,,,~ ~umrnonweaiu~ ot Pem~sylvania, to appear in
record at the cost and expense of Contractor or any subcontractor or materialman, any and all
claim or claims, lien or liens, filed by or for the Contr
or in Its or their name agaLnst said ,it,;; .... ~_..:,_,- actor, o.r any subcontractor or matedalm
bt,,,,,,,,$ ur umiamgs, or other imnrove,~--,* - , ,an,
of ground or any part thereof., and for such act or acts this shall be good arid sufficient warrant
r '"*-~*, ~r any lot or Jots
and authority, and a reference to the Court, 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 does hereby remise, release and quit-claim all rights and all manner of
errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching
or concerning the sam.e~
~i,'27/2~3 15:16 7~7~403555 GODFREY COURTNET' PO
PAGE 041~4
4. In the evet~t that Con, tractor consists of more fl)an ot~.e person, firm or corporation,
the undertakings hereunder of each of such persons, firms or corporations shall be joint and
several, and the word "Contractor" slaall mean al/or some or any of them. For purposes of this
Agreement, the singular shall be deemed to include the plural, and the neuter shall be deemed to
include the masculine and feminine, as the context may require.
5. If any provision of this instrument shall be deemed by judicial determination or
legislative action to be invalid or unenforceable, only such provision so declarcd invalid or
unenforceable shal[,be..affected, and ail other provisions not inconsistent therewith or directly
dependent thereon shall remain in fi~/l three and effect.
6. The execution and delivery of this instrt~nent shall not be deemed to imply that
any right to a lien otherwise exists in favor of Contractor.
IN WITNESS WHEREOF, Owner and Contractor have heretmto executed this
Stipulation Against Liens the day and year first above written
WI~/NES$/ATTEST:
WITNESS/ATTEST:
OWNER:
Shaun L. Laughman
CONTRACTOR:
T&$ BUILDERS,
By:~_
Legal Description of Property