HomeMy WebLinkAbout07-1933
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STIPULATION AGAINST MECHANICS' UENS
THIS AGREEMENT made and concluded this ~l1--day of April, 2007, BETWEEN Norman
Elam, of 26 Dannah Drive, Carlisle, Pennsylvania, party of the first part (hereinafter called
Contractor) ,
AND Dennis C. Pfannenschmidt and Deborah L. Pfannenschmidt, husband and wife, of 20
Laurel Oak Drive, Boiling Springs, PA 17007, party of the second part (hereinafter called Owner).
WHEREAS the said parties have by a duly executed Agreement under seal, bearing even
date herewith, entered into a written contract for purchase of Lot No. 51 and 52 of Heritage Valley,
Plan Book 69, Page 78, Dickinson Township, Cumberland County, Pennsylvania,
NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the
contract aforesaid and the consideration mentioned thereunder, as well as the further
consideration of One ($1.00) Dollar to him in hand paid by the Owner at or before the sealing and
delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant,
promise, and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever
shall be filed or maintained 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
done, or materials furnished under said contract or by any other party acting through or under
them or any of them for and about said building or buildings or any part thereof, or on 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 claim 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 contract for extra work or for work
supplemental thereto or otherwise.
AND this agreement waiving the right of lien shall be an independent covenant and shall
operate and be effective as well with respect to work done and materials furnished under any
supplemental contract for extra work in the erection, construction, and completion of the said
building or buildings as any work and labor done and materials furnished under the contract
aforesaid.
AND, in order to give the Owner full power and authority to protect themselves and the lot or
lots of ground against any and all claims filed by the Contractor or anyone acting under or through
them in violation of the foregoing covenant, the said Contractor for himself, themselves, itself,
hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the
Commonwealth of Pennsylvania, to appear for him, them, it or any of them, in any of the said
Courts of Common Pleas as Attorney for him, them, or it and in him, 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 lien, filed by or for the Contractor, or any Sub-
Contractor or Materialman, or in 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 good 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 herein contained to warrant such action,
and the Contractor for himself, themselves, itself, do 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 same.
IN WITNESS WHEREOF, the said party have hereunto set his hand and seal dated the day
and year first above written.
/J/'" I
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~an Ela. m
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Dennis C. pfa nschmidt
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Deborah L. Pfa~~~hmidt