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HomeMy WebLinkAbout07-6800,.._ R Denise L. Rudy In the Court of Common Pleas Owner Cumberland County, Pennsylvania vs. No. ~ ~ --G 8'0a m ~D Hostetter Custom Builders Contractor STIPULATION AGAINST LIENS This Instrument is executed this ~ ~ day of ~~'~- ~,.- , 2007, by Joel Hostetter of Newville, Pennsylvania (hereinafter referred to as "Contractor") in favor of Denise L. Rudy (hereinafter referred to as "Owner"). WITNESSETH: 1. Contractor is a Contractor within the meaning of the Mechanic's Lien Law of 1963. 2. Owner and Contractor have entered into a Contract to build or construct on a tract of land situate at 371 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania, as described in that deed recorded in Cumberland County Deed Book 281 Page 182. 3. Contractor has, by this instrument and the promises contained herein, covenanted, promised and agreed that no Mechanic's or Materialman's Liens shall be filed or maintained against the estate or title of the aforesaid property or any part thereof, or the appurtenances thereto, either by himself or anyone else acting or claiming through or under him for or on account of any work, labor or material supplied in the performance of the work under the contract or under any Supplemental Contract or for extra work. NOW,' THEREFORE, in consideration of the Agreement and the covenants of Owner(s) therein contained, and the sum of ONE ($1.00) DOLLAR paid in hand to Contractor, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby: 1. Contractor, for himself and anyone else acting or claiming through or under him, does hereby waive and relinquish all right to file a Mechanic's or Materialman's Lien, or notice of intention to file any lien, and does hereby covenant, promise and agree that no Mechanic's Lien or other lien of any kind whatsoever shall be filed or maintained against the estate or title of the aforesaid property or the appurtenances thereto, by or in the name of Contractor, or any Contractor, Materialman or Laborer acting or claiming through or under for work done or materials furnished in connection with the Agreement or by any other party acting through or under them or any of them for and about the property or any part of it. 2. This Agreement waiving the right of lien shall be an independent covenant by Contractor and shall operate and be effective as well with respect to work done and materials furnished under any Supplemental Contract for extra work in connection with the above described project on the property to the same extent as any work and labor done and materials furnished under the Agreement. 3. In order to give Owner(s) full power and authority to protect itself, the property, the estate or title of the Owner(s) therein and the appurtenances thereto, against any and all liens filed by Contractor or anyone acting under or through Contract in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to (i)appear as attorney for him, them, or any of them, in any such Court, and in Contractor's or their name or names, to the extent permitted by law, marked satisfied of record at the cost and expense of Contractor or of any Contractor or materialman, any and all lien or liens, filed in violation of the foregoing covenants, or (ii) cause to be filed and served in ,connection with such lien or liens any pleading or instrument, or any amendment to any pleading or instrument previously filed by Contractor 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 and sufficient warrant and authority. A reference to the Court and Number in which and where this Waiver Agreement shall have been filed shall be conclusive evidence of the authority herein to warrant such action, and Contractor, for himself and for them, hereby remises, releases and quit-claims all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. In the event anyone acting through or under Contractor shall so file a lien in violation of the foregoing covenant, .Owner(s) may not exercise their right under this paragraph three (3) unless such lien has not ben stricken or discharged (by payment, posting of bond, or other means) for a period of ten (10) days after notice of such lien shall have been received by Contractor. IN WITNESS WHEREOF, Contractor and Owner(s) have executed this Agreement as of Hostetter Custom Builders By: _ ~'~' ~' Denise L. Rudy, Owner the day and year first above written. ~~ ~"~ ~~ r ... r ; ~ t~ ~..~-- ~ 4~ - - s ~ 4 ~ ~ . r ~ ~ ~ a..~ ~..~ .-~- .~ '~ ..j' 1:1- }/ ~~ ,,¢ [`~b '~ ~ ~c~-"