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HomeMy WebLinkAbout00-07895 6C- '7P9S /.l1.W STIPULATION VS. MECHANICS LIENS THIS AGREEMENT Made and concluded this Application No, 3rd day of November A. D, ~~OO between _Eric K. Clancy and Cynthia B. Clancy, husband and wife of Mechanicsburg, Pennsylvania Farinelli Construction, Inc. , Party of the first part (hereinafter called Owner), AND party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date herewith, entered into a written contract for the erection and completion of a single family dwelling I" to be erected on Lot No. 33, Plan of Lindenwood, Phase II plan Book 78, page 121 Upper Allen Township Cumberland County, Pennsylvania " , , ii ,- in which Agreement the Contractor convenanted, promised and agreed that no mechanics' claims or liens should be entered and filed against the said building or buildings or any part thereof, or the curtilage or curtilages appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of the awarding to him by Owner of said contract as aforesaid,as well as the further consideration of One ($1.00) Dollar to him paid at or before the ensealing and delivery of these presents, the receipt whereofis hereby acknowledged, does hereby covenant, promise and agree that no mechanicf lien o~ claim 6r other lien or claim of any kind whatsoever shall be filed against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, materialmen or laborers for work <lone or materials furnished under said contract for and about said building or buildings or any part thereof, or oti,credit thereof, and that all sub-contractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials furnished and work and labor done, so that there shall not be any legal or lawful;'C1aim of any kind whatever 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 contracts for extra work, or for work supplemental thereto, ,or otherwise "';- AND, in order to give the Owner full power and authority to protect mmself and the lot or lots of ground against any and all claims filed by the COJ\.tractor or anyone acting under o<through him or it in ~olation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common PleBS ofthe Gommonwealth of Pennsylvania, to appear for him, them, it, or any ofthem, in any ofthe said Courts of Common Pleas~s Attorney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-Contractor or Materialman, or Materialmen, any and all claims or claim,lien or liens, filed by or'forthe Contractor, or any Sub.Contractoror Materialman, orin his or their name against said building or buildings, lot or lots of ground or any part thereof and for such act or acts this shall be liood and sufficient warrant 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 hsrein contains~' to warrant such action, and the Contractor for himself, themselves, itself, do hereby,remise, release and quit.c1aim ~ll rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF'the Baid parties have hereunto set their hands and l::als dated the day Bnd year first above written. -- : L ., :'1 , j': i' ,I:; i" !-,- 1-' WITNESS PRESENT: c:.~ ~ Y~~~}ancy /l Ja... .-- cyn~B. ~la~ 7 ~tQ ~J1L} Farinelli Co struction )U~ J L(fi~ IJ A;tCL~UI; VU4l.~ TC-2{ (Rev. 8/86) PWl~1 . l I, (: l I,. ~, , j I . ,. l , 4-: - )ll1l ; ,.? ,.I.C,_ "..,<__^",'!lIt", . "y' ~'n Ii 11 c -"i1-: '1ir-~7-~,_tl~s~-:'~:i-'~~ii~irt;t',;(;;;("i~~{i;~~;:;y'~~-:~~';~~,;.i"f.i~C/;-:, i;; ;:;:-, ;')}"'}'(K (") 0 0 c: Cl -n ~ ~ ~ Z XJ -rJr;e C:J -=:0 P mrr-: -< z.'~ ...11 I '"en fh & Zj ~_ -',~; ;:-:-':;'1 c75".~' (Xl .-', , -<L:::' :=;;~::! C:CI !:;: ~~~.~ t ~ "" '?Q .....d. ~ ~-~.C) Pc': t Q z w :r;: :< :'0 fv -< ~ 0 f r ~ b f , , ,~-~_. .. ,. ,:,!!il:.., '''l'__; r~l!lrlJ..I')Ili[ut,!lI'tr~!iW'1IJ~- _. _~,t;.~,oo;_IJ1~.IIIlJ~m.l!lJl!I~_~