HomeMy WebLinkAbout04-0225#2101AS
STIPULATION AGAINST LIENS
WHEREAS, Best Homes (Contractor), whose address is
has e in a ri en con~ract with Brute 4. Bupp and~L.
(Owner), whose address is 46 Ball Park Drive, Gardners, PA 17325
for the construction of Single Family Residential Dwelling
to be located on
Bupp
Lot 32, Green Spring Road Newville, PA 17241
NORTH N~WTON TOWNSHIP, CUMBERLAND COUNTY, PA
and
WHEREAS, it is the intention of Owner and Contractor that neither said lot of ground
not the improvements erected or to be erected thereon or installed therein shall be subject
to a lien for debts due by Owner to Contractor or by Contractor to any sub-contractor for
labor or materials furnished in the said construction or installation, and that the right of
anyone to claim any such lien be waived hereby.
NOW THIS AGREEMENT WITNESSETH: That Contractor, for and in consideration of the
contract aforesaid and the consideration mentioned thereunder, as well as the further
consideration of the One Dollar ($1.00) to him paid by the Owner at or before the sealing and
delivery of these presents, the receipt of which is hereby acknowledged, and intending to be
legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all
subcontractors, materialmen, laborers and parties acting for, through or under Contractor,
that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed
or maintained against the building or buildings, improvements, lot of ground or any part
thereof, or the curtilage or curtilages appurtenant thereto, by anyone, and that all sub-
contractors, materialmen and laborers shall look to and hold Contractor personally liable for
all subcontracts, materials furnished and work and labor done.
AND this agreement, waiving the right of lien by anyone, shall be an independent
covenant and shall operate and be effective with respect to work done and materials furnished
under any supplemental contract for extra work in the construction and installation of
improvements in the building as well as to 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 Owner and the
building, improvements and lot of ground against any and all claims filed by Contractor or
anyone acting under or through Contractor 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 appear for Contractor in any of the said Courts of Common
Pleas as Attorney for Contractor and in Contractor's name, mark satisfied of record at the
cost and expense of the Contractor, or of an}, s'ubcontractor or materialman, any and all
claims or claim, lien or liens, filed by or for the Contractor, or any subcontractor or
materialman, or in the name of any one or more of them against the building, improvements,
lot of ground or any part thereof, and, for ouch 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 instrument shall have been filed shall be a sufficient exhibit of the authority
herein contained to warrant ~uch action, and the Contractor does hereby remise, release and
quitclaim all rights and all manner of error, defects a~Df~ imperfections whatsoever in
entering such satisfaction or in any wise touching or/Gm ~ing the same.
This power may be exercised from time to ti~as~ ~a?~_~shall be deemed necessary.
IN WITNESS WHEREOF, Contractor has execy~ ~j~ ~ day of
Witness v ~ (SEAL) ~ ~~ (SEAL)
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF
On this, the ~- day of ~c/a~-/ , A.D., 200~ , before me, a notary public,
, known to me (or satisfactorily proven) to be the same person whose name subscribed to
the within instrument and acknowledged that, being authorized to do so executed the same for
the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
COMMONWEALTH OF PE1,SqsYLYANIA~
ADVANTAGE SETTLEMENT
& ABSTRACT COMPANY LLP
1625 COLUMBIA AVE
LANCASTER, PA 17603