HomeMy WebLinkAbout04-0893STIPULATION AGAINST MECHANICS' LIENS
THIS AGREEMENT made and concluded this--~/~ day of March, 2004,
BETWEEN WlRL BUILDERS, a partnership composed of WILLIAM J. WIRL, III and
BRYAN S. WlRL, of 8 Wood View Lane, Mount Holly Springs, Pennsylvania 17013,
party of the first part (hereinafter called Contractor),
AND WIRL BUILDERS, a partnership composed of WILLIAM J. WlRL, III and
BRYAN S. WIRL, of 8 Wood View Lane, Mount Holly Springs, Pennsylvania 17013,
party of the second part (hereinafter called Owner).
WHEREAS the said parties have by a duly executed Agreement under seal,
bearing even date herewith, entered into a written contract for purchase of Lot No. 2,
Cemetery Avenue, Carlisle Borough, Cumberland County, Pennsylvania,
NOW THIS AGREEMENT WITNESSETH: 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 themselves and
the lot or lots of ground against any and all claims filed by the Contractor or anyone
acting under or through them 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 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 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 year first above written.
WIRL BUILDERS
By: Williarrl'J. Wirl, II1., Partner
~J~. -~, I/~1 ~SEA.)
By: Bryi~ S. Wirl, Part~er ~