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HomeMy WebLinkAbout04-1524STIPULATION ¥S. MECHANICS LIENS THIS AGREEMENT Made and concluded th/s 8 t h Steven A. Cerullo and Staci between _ CLTI Applica~onNo. dayof April ~D.~ 2004 L. Cerullo, husband and wife %040113 of , Party of the first part (hereinafter called Owner), Michael Manning and Associates, a Pennsylvania General Partnership AND party of the second par~ (hereinafter called Con/~ractor}. WHEREAS, the said parties have by a duly executed Agreement under sea], bearing even date herewith, entered into a written contract for the erection and completion of a single family dwelling to be erected on Lot NO. 86, Hickory Ridge, Phase III, Revised, said plan recorded in Cumberland County Plan Book 88, Page 88 and being situate in East Pennsboro Township, Cumberland County, Pa. in which Agreement the Contractor convenanted, promised and agreed that no mechanics' cl.lms or liens should be entered and filed a/rainst the said buildin/r or buildln/rs or any part thereof, or the curt/la/re or curtila/res appurtenant thereto, NOW THIS AGREEMENT WITNES$ETH: That Contractor for and in consideration of the awarding to him by Owner of said contract as aforesaid, as well as the further consideration of One ($1.00) Dollar to him paid at or before the eneealing and delive~ of those presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and a~rse that no mechanics' Hen or c]slm or other lien or claim of any k/nd whatsoever shall be filed against the said bu/lding or build/age or the curtila/re or curtilages appurtenant therete, by Contractor or by any sub-contracWr, matetialmen or laborers for work done or mater/ass furnished under said contract for and about said building or buildings or any part thereof, or on credit thereof, and that all sub*contracWrs, mater/almen, 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 erect/on, construction and completion of said buildings as aforesaid, or under any contracts for extra work, or for work supplemental thereto, or otherwise AND. in order to ~ivs the Owner full power and authar/ty to protect himself and the lot or lots of ground against any and all claims filed by the Contractor or anyone actin/r under ar throu/rh 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 Mm, them, it, or any of them. in any of the said Courts of Common Pleas as Attorney for him, them or it and in his, their, its, name, mark satisfied of record ut the cost and expense of the Contractor ar of any Sub*Contractor or Materialman, or Materiaimen, any and all claims or claim, lien ar liens, filed by or fur the Contractor, or any Sub-Contractor or Materialman, or in his or their name a/ruiner said building or buildings, lot or lots af ground ar 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 rem/se, 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 pa~/es have hereunto set the/r hands and seals dated the day and year first above written. WITNESS P~SENT: Michae/~Man~d Associates TC-2z {Rev. 8/86)