HomeMy WebLinkAbout09-7667Oct. 30. 2 0 0 9 22 RN ?o, cif ?. t/3
STIPULATION AGAINST MECHANICS' LIENS 9 LD
THIS AGREEMENT made and concluded on Aga ve w-6 eS Z , 2009
BETWEEN DONALD JONES and JAMIE JONES, husband and wife, of 4732
Enola Road, Newville, Cumberland County, Pennsylvania, party of the first part
(hereinafter called Owner),
AND ROGER L. RUSSELL, having his principal place of business at 349
Gameland Road, Newville, Pennsylvania, parry 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 a
residence to be erected on the lot of ground situate
in Lower Mifflin Township, Cumberland County, Pennsylvania, known as Lot No. 1 as
shown on a Preliminary/Final Subdivision Plan for Joyce E. Gries, recorded to
Instrument Number 200933299, Pennsylvania,
WHEREAS, the said parties agree that construction will not commence prior to
N o Ve "o-f q , 2009,
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 ($7.00) 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
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Contractor or anyone acting under or through themselves, itselft? hereby a re ocably
covenant, the said Contractor for himself,
the authorizes and empowers any Attorney of any him, Court of
or any of them, n any of
Commonwealth of Pennsylvania, to appear for
their its
the said Courts of Common pleas the costeand for him, them, or expense of thetCont a torpor of,any
name, mark satisfied of record a
Sub-Contractor or Materialman, ontract? orlany Subn-Coat actor mechanicsMate' claims , mechanics' liens filed by or for the
Contractor, ound
or an or in his or their name against said building shall be lot or lots of
suffic entrwar ant and
part thereof and for such act, or acts this
authority, and a reference to the Court, Term and Number in which and where this
Agreement shall have been filed shall- be a sufficient Contractor for selfhthemtselveshtself,
contained to warrant such action, and the Co
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.
(SEAL)
DONALD JONES
h - 6' (SEAL)
IE ,10NE
(SEAL)
ROGER L. RUSSELL
FIL ED-1)r -iC TRY
OF THE ^^".:O',
2009 NOV -6 PPS I : 06
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