HomeMy WebLinkAbout03-6531STIPULATION AGAINST MECHANICS' LIENS
THIS AGREEMENT made and concluded this day of November, 2003 BETWEEN
STEYEN M. MOORE}lEAD and REBECCA J. MOOREItEAD, husband and wife, of 123
West Water Street, ~'~hbottstown, Pennsylvm~ia 17301, parties of the first part (hereinafter called
Owne0,
AND D. E. HERB POLE BUILDINGS of 1760 Shrivers Corner Lot 152, Gettysburg
Pennsylvania I'7325, party of 6~e second part, (hereinafter called Contractor).
WHEREAS the said parties have by a duly executed Agreement dated October 20, 2003,
entered into a written proposal and contract for the erection, construction, and completion of a 30
foot by 80 foot pole type garage and 30 foot by 60 foot additional structure, and other struclures,
upon real cstate known as 1706 Centervi]le Road, (PA. Route 233), als~ known as Tract No. 2 of
Plan Book 43. Page 18, situate in Cooke Township, Cumberland Cmmty, Pennsylvania, and
being the same premises wl~ich Gregory Scott. et al, have contracted to convey to Ste¥cn M.
Moorehead and Rebecca J, Moorehead, and for which settlement is expected to occur in the near
NOW THIS AGREEMENT WITNESSET}I: That the Contractor for and in
consideration of thc 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, thc 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
cmtilages appurtenant thereto, by Contractor or Dy any sub-contractor, materialmcn, or laborers
for work done. or mate~'ials furnished under said contract or by any other party acting through or
ar:der 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, ma[erialmcn 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 matmqals furnished under said contract for and about the
erect/on, construction, and completion of said Dui]dings as aforesaid, or under any contract for
extra work or i'or work supplemental thereto or otherwise,
AND this agreement waiving the right of lien she0 be an independent covenant and shall
operate and be effective as wetl 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 cnnLract
aforesaid.
AND, in order to give the Owner full power and authority to protect himself and the lot or
lots of ground agaillst any and all claims filed by the Contractor or anyone acting under or
through him or it in violatio~ of the foregoing covenant, the said Contractor for himself.
themselves, itself, hereby in'evocably 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 lbr him, them, or it and in him,
their, i~s, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-
Contractor or Materialman, or Materialraen, any and all claims or claim, lien or lien. 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 heroin 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 la/ITN1ESS WHEREOF, the said parties have hereunto set their hands and seals dated
Straba~, ~ rials Courtly
~¥ Com~ ~s May 6, 2004
STEM. MOOREHEAD ,' ~
REBECCA J. M OI~EAD
A~"EST: ~~