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HomeMy WebLinkAbout01-04406~~ STIPULATION AGAINST AND WAIVER OF MECHANICS' LIEN ~" V ~: ~ // Made and executed the ~~ day of ___ ~~~~~ , 2001, IAW OFFICES "' HOSE]NSON-& WENGEA 232 Lincoln Way Eau Chambenbm6. Pe 17201 Telephone (717) 263.8535 Fa. pl7) 263fi026 BETWEEN John Stoltzfus of 14977 Paxton Run Road, Shippensburg, Pennsylvania 17257, hereinafter referred to as "CONTRACTOR", AND Nathan Karl Ebersole and Julia S. Ebersole, his wife, of 44 Kline Road, Shippensburg, Pennsylvania 17257, hereinafter referred to as "OWNERS". WHEREAS, OWNERS and CONTRACTOR have entered into or plan to enter into, simultaneously with this agreement, an agreement by which CONTRACTOR is to provide materials, labor, and any other services and essentials necessary for the construction of a round holding tank approximately 120 feet in diameter by 14 feet in depth on a tract of land containing approximately 134 acres. NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties, who intend to be legally bound hereby, and it is a part of the aforesaid contract or agreement that neither the CONTRACTOR nor any subcontractor, nor materialman, nor any person furnishing labor or materials to the said CONTRACTOR or its subcontractor, in and about the construction of the aforesaid round holding tank approximately 120 feet in diameter by 14 feet in depth, shall file a lien, commonly called a mechanic's lien, for work done or materials furnished in and about such construction, or any part thereof. This stipulation is made and intended to be filed with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, in accordance with the Act of Assembly of the Commonwealth of Pennsylvania in such cases made and provided. AND CONTRACTOR, for himself, his subcontractors, his and their materialmen, laborers and suppliers, does hereby waive, release, acquit and r discharge the above-described real estate from any mechanic's lien or potential lien which may, can, or will accrue in connection with the construction aforesaid. IN WITNESS WHEREOF, the Contractor and the Owners have hereunto set their hands and seals the day, month and year first above written: NESS: j `- (SEAL) hn Stolt us "CONTRACTOR" ,,~~ ~~~.~~~ (SEAL) Nathan Karl Ebersole ~ti~.ev .~. ~-~~A, (SEAL) Juli S. Ebersole "OWNERS" ~ LAW OFFICES HOSMNSON S2 WENGER 232 Lincoln Way Fae~ ~ ChambmMu6. Pe 17201 Telephone p17) 263b535 Eax (7171 zs3.~ozb COMMONWEALTH OF PENNSYLVANIA COUNTY OF Ca~m4a2r-lanC~ SS. On this, the ~ ~D day of UL~ _~ , 2001, before me, a Notary Public, the undersigned officer, pe sonally appeared John Stoltzfus, known to me to be the person described in the foregoing Stipulation Against and Waiver of Mechanic's Liens and acknowledge that he executed the same in the capacity therein stated and for the purposes therein contained. In Witness Whereof, I have month and year aforesaid. set my hanc~and official seal the day, P NOTARIALSEAL PAMELA A- SWITALSKI, Notary Public Shippensburg, Cumberland County My Commission Expires Feb. 9, 2004 ~y COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF ~(Z~ N kL i nl On this, the ~ day of ~-~~,y~ , 2001, before me, a Notary Public, the undersigned officer, ~persor~lly appeared Nathan Karl Ebersole and Julia S. Ebersole, his wife, known to me to be the persons described in the foregoing Stipulation Against and Waiver of Mechanic's Liens and acknowledge that they executed the same in the capacity therein stated and for the purposes therein contained. In Witness Whereof, I have hereunto set my hand and official seal the day, month and year aforesaid. ~-~= ~~ NOTARY PU IC t NOTARIAL SEAL GINA L. DAYWALT, Notary Publie Chambersburg Boro, Franklin Co. PA My Commission Expires May 24, 2003 I LAW OFFICES ~ HOSKINSON & WHVGRR z3z u~wi~ wav Fast ChvnMeBm6. Pe 17201 Telephone (717) 2638335 Fax (717) 263b026 N~ ~ ~ o ~ c ~' -~ ~ Z ~_~ - ~ -- ,; ,,