HomeMy WebLinkAbout04-1640STIPULATION AGAINST MECHANICS LIENS
THIS AGREEMENT Made and conoludedlthie 14th day of
Nicholas M. Brian and Brehan g. l~cBride
between ~
CLTI ~040058
Application No~
April A.D. 2004
of , Party of the first part (hereinafter celled Owner),
AND Ntchael ~anning and Associates, a Peu~sylvania general partnership
party of the second part (hereinafter called Co~tractor).
WHEREAS, the said parties hove by a dul~ executed Agreement under seal, hearing even date herewith, entered
into e written contract for the erection and corOpletion of a single f~mt ly rivalling
beerectedon
Lot No. 89, Hickory Ridge, Phase III (Revised)
Plan Book 88, page 88
East Pennsboro Township, Cumberland County, Pennsylvania
tn which Agreement the Contractor convenant~d, .promised and agreed that no mech .ames claim? or hens shoul be
entered and filed against the said building or bdildings or any part thereof, or the curtilage or curtilages appurtenant
thereto,
NOW T,H. IS AGREEMENT WITNESSETI~ That Contractor f?,r and in consideration of the awarding to him by
Owner of said contract oa aforesaid, aa well as th~ further consideration of One {$I.00) Dollar to him paid at or before the
ensealing and delivery of thee 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 against the said
building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor,
materialman or laborers for work done or mamrlais furnished under said contract for and about said building or
buildings or any part thereof, or on credi~ thereoi, and that all sub-contractors, materialman, and laborers on said work
shall look to and hold Contractor personally liai: le for oil sub-con,recta, ma~sriais furnished and work and labor done,
so that there shall not be any legal or lawful ¢]a~m of any kind whatever against Owner for any work done or labor or
ma~eriais furnished under said contract for and about the erection, construction and completion of said buildings as
aforesaid, or under any eontrac~ for ex~ra wor~, or for work supplemental thereto, or otherwise
AND, in order to give the Owner full power a~d authority to praiser himself and the lot or lots of ground against any
and all claims filed by the Contractor or anyone ~cting under or through him or it in violation of the foregoing covenant,
the said Contractor for himself, themselves, its~f, hereby irrevocably authorizes and empowers any Attorney of any
Court of Common Pleas of the Commonwealth oi~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 er it and in his, their, its, name, mark satisfied of record at the
cost end expense of the Contractor or of any Su ~-Contractor or M~torialman, or Matsrialmen, any and all claims or
claim, lien or liens, filed by ar for the Contractor, ~r any Sub-Contractor or Materialman, or in his or their name against
said building or buildings, lot or lo~ of ~round or any part thereof and for such act or ucts 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, de hereby remiss, release and quit-claim all rights and all manner of errors,
defects and imperfections whatsoever in enter/n~ such satisfaction or in anywise touching or concerning the same.
1N WITNESS WHEREOF the said parties l~ave hereunto set their hands and seals dated the day and year first
above wit~en. Michael Manning; and~Associates
TO-2Z (Rev, ~/$§}