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HomeMy WebLinkAbout03-3388 STIPULATION VS. MECHANICS LIENS CLTI ~030463 Application No. THIS AGREEMENT Made and concluded this 8th day of July A.D.~JX 2003 between_ William H. Kiner and Jennifer bi. Kiner, husband and wife of , Par~y of the first part (hereinafter called Owner), AND Henry' s Construction party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed Agrecment under seal, bearing even date herewith, entered into a written contract for the erection and completion of improvements tobeerectodon 1213 Centerville Road, Penn Township, also known as Tract %1, Plan Book 73, Tract ~i-A, Plan Book 82, Page 84. Cumberland County, Page 40 and Pa in which Agreement the Contractor convenanted, promised and a~reed that no mechanics' claims or Hens 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 th e further consideration of One ($1.00) Dollar to him paid at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, premise and agree that no mechanics' lien or c] .ira or other lien or claim of Rny k/nd whatsoever shall be fried against the said building or buildings or the curtilage or curtilagee appurtenant thereto, by Contractor or by any cub-contractor, materialman or laborers for work done or materials furnished under said contract for and about said building or buildings or any part thereof, or on credi~ thereof, and that all sub-contractors, materialman, 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 alalm 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 aforeeuid, 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 hiareelf and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor for hlmeelf, themselves, itself, hereby irrevocably author/zee 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 hie, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-Contractor or Materialman, or Materialman, any and all claims or claim, lien or liens, 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 remiss, release and qult-clalm 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 parties have hereunto set their hands and seals dated the day and year first above written. BY: R'~bert D. Henry?III . Kiner TC-2z (Rev. 8/86)