HomeMy WebLinkAbout99-00736
7to C) CJ. 7.3(" /11 LOU'......
STIPULATION AGAIISST MECHANICS' LIENS
TillS AGREEMENT mnde nnd concluded on February 1 ,1999
8ETWEEN Churles C. Muy, Jr. uud TUlllmy Jo 8ollluger, single persons of Soutb Middleton
Township, Cumberland Couoty, Pennsylvania, party of the first part (hereinafter called Owner),
AND Robert J. Coldsmlth Construction of 137 Pine Tree Drive, Newville, Pennsylvania 17241
Pennsylvanin, party of the second part, (hereinafter cnlled Contruetor),
WHEREAS the said parties have by a duly executed Agreement under seal, bearing even dale herewilh,
entered inlo a writteo cootruet for the excavation on a portioo of the premises, nnd the construction aod
completioo of a single family residence to be erecled on the lot of ground situate in South Middleton Township,
Cumberland Counly, Pennsylvanin, known as 509 8altimore Pike, Ml. Holly Springs, Pennsylvania, Tax Parcel
No,; 40.13.0124.014,
WHEREAS,the said parties agree that construction will not commence prior to February 10, 1999,
NOW THIS AGREEMENT WITNESS: 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 scaling and delivery of these presents, the receipt
whereof is hereby acknowledged, docs hereby covenant, promise, and agree that no mechanics' lien or claim or
other lien or claim of any kind whatsoever shall be med 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 persoaally 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 extru work or
for work supplemental thereto or otherwise.
AND this agreement waiving the right of lien shall be an independent covenant and shall operute 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 himself and the lot or lots of ground
against any and all claims med by the Contractor or anyone acting under or through him or it in violation of the
foregoing covenant, the said Contruetor 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, med by or for the
Contractor, or any Sub.Contructor or Materialmnn, or in his or their nnme against said building or buildings, lot
or lots of ground or any part thereof and for such net, or acts this shall be good and sufficient warrant and
authority, and a reference to the Court, Term and Number in whiehaad where this Agreemeat shall have been
med shall be a sufficient exhibit of the Authority herein contained to warrant such action, aad the Contractor for
himself, themselves, itself, do hereby remise, release aad quit-claim all rights and all manner of errors, defects and
imperfections whatsoever in cnlcrirlg such satisfaction 01' in anywise touching or concerning 'the same.
IN WITNESS WHEREOF, the said parties have hereunto set their hands aitd seals dated the day and
year first ahove written,
R'oberl J. Coldsmlth Construction
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