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HomeMy WebLinkAbout00-07900 . ~~ '~'- - ...,.- , STIPULATION AGAINST MECHANICS' LIENS CHAD A. SUNDAY and SHANNON M. SUNDAY, : In The Court of Common Pleas : Cumberland County, Pennsylvania : Number: a'l - 19(JC) fQl1) I~ vs Term, 2000 D.CULLY,INC.V~~~ C & C CONSTRUCTION, Contractor KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, D. CULLY, INC., Vd/b/a C & C CONSTRUCTION of 5745 Spring Road, Shermans Dale, Pennsylvania, 17090, (hereinafter called "Contractor"), has executed an agreement ("Contract") to erect, construct, alter or repair improvements (the "Work") upon the property ("Property") of CHAD A. SUNDAY and SHANNON M. SUNDAY, (hereinafter called ("Owner") located at 460 Bernheise1Bridge Road, Carlisle, Cwnberiand County, Pennsylvania, 17013, (the Property being more particularly described in Exhibit "A" annexed hereto). WHEREAS, as part of the Contract, Contractor agreed that no lien shall be filed against the Property or any building or improvements thereon by itself or by any subcontractor or materialman or any other person furnishing labor or materials under the Contract, and agreed to execute al1d deliver a Stipulation Against Mechanics' Liens for filing. NOW, THEREFORE, in consideration of the execution of the Contract, Contractor, intending to be legally bound hereby, for Contractor, for all subcontractors of Contractor, and for all parties acting for, through or under Contractor or any subcontractor, covenants and agrees that no mechanics' lien or claim shall be filed or maintained by Contractor or any such subcontractor or party, against any part of the Property or any building or improvements thereon, for or on account of any labor or materials furnished or any work done under the Contract, or in or about the erection, construction, installation or completion of the work; and Contractor, for Contractor, for any and all subcontractors and for any and all parties acting for, through or under Contractor or any subcontractor, hereby waives and relinquishes the right to have, file or maintain any mecharucs' lien or claim against any part of the Property or any building or improvements thereon. , I,M . - . . ... .., ,,."';, Contractor hereby warrants andrepresents that at the time of the execution hereof, no work of any kind has been done and no labor or materials have been furnished by Contractor, or by any subcontractor of Contractor, or by any person acting for, through or under Contractor or any subcontractor in the performance of the Contract, in or about the.completion of the construction of the Work. This Stipulation Against Mechanics' Liens is made by Contractor and intended to be filed in accordance with the requirements of the (Pennsylvania) Mechanics' Lien Law of 1963, as amended and supplemented, with the Prothonotary of the Court of Common Pleas of the County in which the Property is located. Each of the terms, provisions, covenants and conditions of this Waiver shall, as the case may be, be binding upon and inure to the benefit of Owner, Contractor, each subcontractor of Contractor, and each party acting for, through or under contractor or such subcontractor, and the respective heirs, executors, administrators, successors and assigns of each and any of them. IN WITNESS WHEREOF; Contrilctor and Owner have duly executed this instrument as of the 1st day of November, 2000. :.~ A~- (Witness) t~ (Witness) By:. ~ /! AA ~~1t CHAD A. SUNDAY (property wner) JJlM/l{JY1. 'vn. rSU/1~ . SHANNON M. SUNDAY (Pr erty Owner) <1~"'- JiiII; -,- ~ ~ , "'~"' .', 'A_, ,__<._~~~_<,~~,~_~__~."_.,_ ''''O..^ _ ~.~ m.,,",~r.'''~'_'_~'~_ - p ..... ...... ~ ~ r> 0 ('") (.-:J 0 ()' c; 0 -'1'1 f' -=c'" Z -. ~ -otD 0 '." -C rTliT1 '- 0- ~ z:n , ,--..-1' "-7r- ;')'::J !Jv ~ U);_F~ (Xi t~,:~} .~~ If' -< -' r:.:t~i -0 6"- ~ <:- :1> C-' .~,- '~~~.~ --'"" ""0 Z(...o.. --1: S>c N U -~ :.z:: c.,,'1 -'-';>- -.... "'" -< ::.:: ~ ..s-- !If tJ ""'- ... ~ 0. f:J r <r- - . +- ::c E ~ _"""""'''__~''''''''''~'"''_'I';.'''''.',l'IMi:<''~''''''-'m'~'~i'l'~'',\''x''m,"!!''ffi~''l!1Jfj'1=='~ '>_:~"""--'~'!>""Ti~'~~~':;i'" J' """i'0'C'~'I"'~""";;"J"";"''''''~''''''''''''';''''F>'J''~;'';_'''''''"'",,'I\~"AA~!'J!'IJI!~~