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HomeMy WebLinkAbout08-3506p$ - 35th fvt t+o SA 46445 STIPULATION AGAINST LIENS PARCEL: 29-05-0427-081 WHEREAS, NEIDLINGER FINE HOMES LLC (COntractor) has entered into a written contract with ANSON F. & HILDIE M. MYERS (Owner) for the construction Of SINGLE FAMILY RESIDENCE t0 be IOCated On .1000 N. MIDDLETON ROAD, CARLISLE, PA -NORTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY and WHEREAS, it is the intention of Owner and Contractor that, neither said. fot of ground -nor 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 fumished in the said construction or insta{action, 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 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, materialman, 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 cartilage or cartilages appurtenant thereto, by anyone, and that all sub-contractors, materialman and laborers shall look to and hold Contractor personally liable for all subcontracts, materials fumished and work and labor done. AND this agreement, waiving the right of lien by anyone, shah bean independent covenant and shall operate and be.effective with- respect to work done and materials fumished 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 fumished 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 aft 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 any subcontractor or materialman, any and all claims or claim, liens or lien, 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 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 instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release and quitclaim all rights and all manner of error, defects and impertections whatsoever in entering such satisfaction or in anywise touching or concerning the same. This power may be exercised from time to time as often as shall be deemed necessary. IN WITNESS WHEREOF, Contractor and Owner(s) have executed this instrument this 3rd day of JUNE 2008 NEIpL NGER FINE HO S, LC - - ~~~ ~Yl, a~o~.,~~ (SEAL) .% ~"(SEAL) Witness ~' Na contractor yRobert V. Neidlinger, Member ~~~, Y1-t /'t'~~ p ~ ~ (SEAL) WitneS3 Ans F. ers Hildie M. Myers COMMONWEALTH OF PENNSYLVANIA) COUNTY OF LANCASTER ) ON THIS, the 3rd day of JUNE Zoos ,before me, a notary public, the undersigned, personally appeared Anson F Myers and Hildie M. Myers known to me (or satisfactorily proven) to be the same person whose name. subscribed to the within instrument and acknowledged that, being authorised to do so executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and official seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHARON M. REHEARD, Notary Public City of Lancaster, Lancaster Coumy, PA My Commission Eupiros Juty 6, ZpOg CONMNONINEALTH OF PENNSYLVANIA COUNTY OF' LANCASTER Yh Notary Public On this, the era day of JUNE 2©t~, before me, the undersigned officer, d ~~. ~_ NEI~..I~R ~ a~rtc~wladged hirrt~lf/herself to be the perso~ly ~ n ~Inci that he/she as MEMBER of NEII~Ll~R F~ ~"~~ LLCM LirriMted Li>ls~ity ~n~~~ for the purposes such member, being authorized to do so, executed ~ ~`~' therein cortititained by ~ ~- r>~rre ~ ~ ~~ ~ him~selsrsefi My Commission Expires: ~~n'~~'^----= No~ry blic COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHARON M. REHEARD, Notary Public City of Lancaster, Lancaster County, PA My Commission Expires July 9, 2009 -~- ~ ~ c? Si.~ R~ - Z' o , t~ r7.~`_,, C.,_ " k .: . ?;.~.~ . "~(..3 r ~ ~.. ~ ~ P"'! ` .~ NJ '\