HomeMy WebLinkAbout07-6587
~'1v.67• L.s ~7 n? ~0
To the Prothonotary: Index names
both as Plaintiffs and Defendants:
Contractor: Bonnie Heights
Owner: Weston J. Whirler and Andrea L. Brehm
STIPULATION AGAINST LIENS
The instrument (sometimes called "Waiver of Liens" or "agreement") executed
this October 26, 2007 by Bonnie Heights ("Contract ") a (sole
proprietorship, partnership, corporation), in favor of Weston J. isler and Andrea L.
Brehm ("Owner")
WITNESSETH:
A. Contractor is a contractor within the meaning of the Mechanics' Lien Law
of 1963.
B. Owner is the fee owner of that certain premises 1 ated at 343 Bobcat
Road, Newville, PA 17241 (address) together wi h all improvements
thereon (the "Property"), and has entered into a certain constructi n contract dated
October 26, 2007 between Contractor and Owner (the "Contract") for certain
improvements in and about the Property (collectively herein the "improvements"). The
Property is more particularly described in Exhibit A annexed here~o and by this reference
incorporated herein. The Improvements are part of the Property.)'
C. Contractor has, by this instrument and the premise contained herein,
covenanted, promised and agreed that no mechanics' or materialm n's liens shall be filed
or maintained against the Improvements, the Property or the estat s, rights, titles or
interests of Owner in the Property or any part thereof, or the appu enances thereto, either
by itself or anyone else acting or claiming through or under it for r on account of any
work, labor or materials supplied in the performance of the work onstituting the
Improvements, or under any supplemental contract or for extra w rk, or in the erection,
construction or completion of the Improvements on the Property o~ any appurtenance
thereto.
NOW, THEREFORE, in consideration of the Contract an the covenants of
Owner therein contained, and the sum of One and 00/100 Dollar ( 1.00) paid in hand to
,the receipt and. sufficiency of which is hereby acknowledg d, and intending to be
legally bound hereby: ~,
1. Contractor, for itself and anyone else acting or clai ing through or under
it, does hereby waive and relinquish all right to file a mechanics' o materialmen's lien, or
notice of intention to file any lien, and does hereby covenant, pmr~ise and agree that no
mechanics' lien or other lien of any kind whatsoever shall be filed) or maintained against
the Improvements, the Property or the estates, rights, titles or int ~ ests of Owner in the
Property, or any part thereof, or the appurtenances thereto, by or i the name of
contractor, or any subcontractor, materialman or laborer acting or claiming through or
under Contractor for work done or materials furnished in connection with the
Improvements or under the Contract or by any other party acting trough or under them or
any of them for and about the Improvements or the Property or an~+ part thereof.
2. This Agreement waiving the right of lien shall be a~n independent covenant
and shall operate and be effective as well with respect to work do~he and materials
furnished under any supplemental contract for extra work in the a ection, construction
and completion of the Improvements to the same extent as any w rk and labor done and
materials furnished in connection with the Improvements or unde the contract.
3. In order to give Owner full power and authority to protect itself
(themselves), the Improvements, the Property, the estates, rights, titles and interest of
Owner therein, and the appurtenances thereto, against any and all dens filed by Contractor
or anyone acting under or through it in violation of the foregoing Qovenant, Contractor
hereby irrevocably authorizes and empowers any attorney of any ourt of Common Pleas
of the Commonwealth of Pennsylvania, to appear as attorney for i ,them or any of them,
in any such Court, and in its or their name or names, to the extent ~ermitted by law, mark
satisfied of record at the cost and expense of Contractor or of any subcontractor or
materialman, any and all lien or liens, filed in violation of the fore oing covenant, or
cause to be filed and served in connection with such lien or liens ny pleading or
instrument, or any amendment to any pleading or instrument prev'ously filed by it or
them, and to incorporate therein, as part of the record, the waiver contained in this
instrument, and for such act or acts this instrument shall be good wind sufficient warrant
and authority. A reference to the court, term and number in which) and where this
Agreement shall have been filed shall be conclusive evidence of tl~e authority herein
contained to warrant such action, and Contractor, for itself and foci its successors and
assigns, hereby remises, releases and quit-claims all rights and all manner of errors, defect
and imperfections whatsoever in entering such satisfaction or in fi~ing such leading,
instrument or amendment, or in any way concerning them.
4. In the event any part of this Waiver of Liens is determined to be illegal or
unenforceable, it shall be deemed stricken or reformed and the renhainder of this
instrument shall be unaffected and remain in full force and effect.
IN WITNESS WHEREOF, Contractor and owners have executed this instrument
as of the day and year first above written.
Name of Contractor: Bonnie Heights
Attest: i s
Title: y. ~, ~..i,[S By:
~ ~V ~
Andrea L. B~iehm
(sole proprietorship,
partnership, Corporation)
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