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HomeMy WebLinkAbout10-2901 !U - 0146l M411 _7&2 SA #6861 STIPULATION AGAINST TENS WHEREAS, SUPERIOR HOMES, INC. (Contractor) has entered into a written contract with MICHAEL J. DWYER & ALEXIS E. FABIAffO wner) VITZfor the construction of to be located on SINGLE-FAMILY DWELLING 421 BELLE VISTA DRIVE, ENOLA, PA 17028, E. PENNSBORO TWP. CUMBERLAND COUNTY and WHEREAS, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon or installed therein shall be subject to alien for debts due by Owner to Contractor or by Contractor to any subcontractor for labor or materials furnished in the said construction or installation, and that the right of anyone to claim any such lien be waived hereby. NOW THIS AGREEMENT WITNESSETH: That Contractor, for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to him paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building or buildings, improvements, lot of ground or any part thereof, or the curtilage or curtilages appurtenant thereto, by anyone, and that all sub-contractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. AND this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work done and materials furnished under any supplemental contract for extra work in the construction and installation of improvements in the building as well as to 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 Owner and the building, improvements and lot of ground against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as Attorney for Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name of any one or more of them against the building improvements, lot 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 instrument shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release and quitclaim all rights and all manner of error, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. This power may be exercised from time to time as often as shall be deemed necessary. IN WITNESS WHEREOF, Contractor and Owner(s) have executed this instrument this 28th day of APgTT ; 2010. IOR HOMES, INC. ontractor: DONALD BRODERICK, PRESIDENT 'm - MICHAE4 J. ER C ALEXIS E.`FAB C.J Vr i. C: cr C.0 Y`al.Oc) ?d- Peg[f v f ksnac. cr,A .2,3 ss t STATE/COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER On this, the 28TH day of APRIL , 2010, before me, a Notary Public, the undersigned officer, personally appeared DONALD BRODERICK who acknowledged himself/herself to be the PRESIDENT of SUPERIOR HOMES, INC. _ and that he/she as such PRESIDENT being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself/herself as PRESIDENT In Witness Whereof, I hereunto set my hand and official seal. My Commission Expires AMONWEALTH OF PENNSYLVAP NOTARIAL SEAL SHARON M. REHEARD, Notary Public City of Lancaster, Lancaster County, PA My Commission Expires July 9, 2013 STATE/COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER Notary Public On this, the 28TH day of APRIL , 2010, before me, a Notary Public, the undersigned officer, personally appeared MICHAEL J. DWYER & ALEXIS E. FABIANKOVITZ known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that he/she/they executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and official seal. My Commission Expires Ct'MMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL I? SHARON M. REHEARD, Notary Public r,,Y of Lancaster, Lancaster County, PA I MY Commission Expires July 9, 2013 Notary Public