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HomeMy WebLinkAbout08-5070KATHLEEN S. WETZEL And PETER P. WETZEL v. MARK JAMES, SR DB/A THE MARK JAMES COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. pg -JrO ~~ 1~1 L.,D STIPULATION AGAINST LIENS STIPULATION AGAINST LIENS THIS AGREEMENT made the ~ 1` day of ~ , 2008, between Mark James Sr., DB/A The Mark James Company (Builder), of 13 Spendabuck Drive, Dillsburg, Pa. 17019, a limited liability company organized and existing under the laws of the Commonwealth of Pennsylvania, hereinafter referred to as Contractor, AND Kathleen S. Wetzel and Peter P. Wetzel, husband and wife, of 129 Ridge Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Owners. WHEREAS, Owners are the owners of certain real estate situate in Monroe Township, Cumberland County, Pennsylvania, more particularly described and recorded in Cumberland County Deed Book 30-P page 124 and 30-P page 275, known and numbered as 129 Ridge Road, Carlisle, PA 17015; and WHEREAS, Contractor has undertaken and agreed to erect and construct a building and an addition on that certain above-described .property pursuant to a Building Construction Agreement executed by the parties dated June 3, 2008; and WHEREAS, Lender, in order to extend financing to Owners, has required that builder place no liens upon the property and that such agreement shall be memorialized in this Stipulation Against Liens. NOW THEREFORE THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of One ($1.00) Dollar in hand paid to it by Owners, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the Agreement aforesaid, for itself and its subcontractors, and all parties acting maintained by it or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by it or any of them under said contract or otherwise, for, towazds, in or about the erected and construction of the said buildings on the lot above described, and the said Contractor, for itself, its subcontractors and others under it hereby expressly waives and relinquishes the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of the improvements, and agrees that this instrument, waiving the right of lien, shall be an independent covenant. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and yeaz first above written. ~.°.. MI/~. ~ MARK JAMES DB/A TT-~ MARK JAMES COMPANY By: ~. Mark J es, , Of the Mark James Company W I"` itn Kathlee S. Wetz 1 .r.6 itne Peter P. Wetzel ~ - ~ n ~ ~ ;3 ~~: ~; ~' ~ ~ O ~~ ~ ~' ~ '~ rr; ~ ~=~ C' ~ ~ ~ ~ ~ ~ ~ ~~ ~.