HomeMy WebLinkAbout03-5121STIPULATION AGAINST MECHANICS' LIENS
THIS AGREEMENT made and concluded on September iB~, 2003
BETWEEN THOMAS E. MITCHELL and GAIL A. MITCHELL of 13919 Marblestone Drive,
Clifton, Virginia, party of the first part (hereinafter called Owner),
AND NORM ELAM of 19 McCoy Lane, Carlisle, Pennsylvania
Pennsylvania, party of the second part, (hereinafter called Contractor).
WHEREAS the said parties have by a duly executed Agreement under seal, bearing even date herewith,
entered into a written contract for the excavation on a portion of the premises, and the construction and
completion of a single family residence to be erected on the lot of ground situate in Dickinson Township,
Cumberland County, Pennsylvania, known as Lot 57 of Heritage Valley, 16 Dannah Drive, Carlisle, PA,
WHEREAS, the said parties agree that construction will not commence prior to September 29, 2003,
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 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 himself 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 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 Iien, 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 parties have hereunto set their hands and seals dated the day and
By:NORMyear first T~{'~~EAL) above EI~Mwritten'~' ~ "x. ~, "h ~ ' AL)