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HomeMy WebLinkAbout08-6115r, STIPULATION AGAINST MECHANICS' LIENS THIS AGREEMENT made and concluded on OCTOBER 8, 2008 BETWEEN TONI L. SZCZYPTA and JOHN A. SZCZYPTA, JR., husband and wife, of 822 Doubling Gap Road, Newville, Cumberland County, Pennsylvania, party of the first part (hereinafter called Owner), AND JAY SPAHR PLUMBING AND HEATING a sole proprietorship, having its principal place of business at 88 Mohawk Road, Newville, Pennsylvania, party of the second part, (hereinafter called Contractor). WHEREAS the said parties have by a duly executed Agreement under seal, bearing even date herewith, entered into a written contract for the excavation on a portion of the premises, and the construction and completion of asingle-family residence to be erected on the lot of ground situate in Lower Mifflin Township, Cumberland County, Pennsylvania, known as Lot No. 5, of Subdivision Plan 200821776, having an address of 495 Shed Road, Newville, Pennsylvania, WHEREAS, the said parties agree that construction will not commence prior to October 8, 2008, NOW THIS AGREEMENT WITNESS: 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, as set forth in the Mechanics' Lien Law, 49 P.S. §1101 et seq., 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 by any sub-contractor, materialmen, or laborers for any work done or labor or materials furnished by 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. The within Stipulation does not waive any rights that Contractor may have under the contract other than the filing of a mechanics' claim or mechanic's lien under the Mechanics' Lien Law. 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 himself and the lot or lots of ground against any mechanics' claims or mechanics' liens filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said anyone acting under or through him or it 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 mechanics' claims or mechanics' liens 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. JAY SPAHR PLUMBING AND HEATING gy; (SEAL) Q~ . ~ct r (SEAL) TONI L. SZCZ r (SEAL) JOHN A. S CZ A, JR. ~ .~ "'1 v ~~. ~~ ~~ ~~, Yi ~ s _._. ~.,: o s ,~-~. - ~ °`: '' .« - . c°,~ ~~