HomeMy WebLinkAbout10-3836
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STIPULATION VS. LIENS ~ c+ ~~
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THIS AGREEMENT M ~7 ~
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between Douglas E. Warner and Tiffany N.Wazner, of Liberty Drive, Shippensburg, Pennsylvania, Par~of the firs ~ -;
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AND Eddie Martin, of Hammond Road, Walnut Bottom, Pennsylvania ,Party o
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 erection and completion of a residential dwelling house
to be erected on: 2.9 acres along Horsekiller Road, South Newton Township, Pennsylvania, more particularly
described as Lot No. 1 on a Subdivision Plan_for Wade W. Powell and Cherie L. Gruver recorded in Cumberland
County Plan Book 93, Page 74. (pazce141-13-0108-084
in which Agreement the Contractor covenanted, promised and agreed that no mechanics' claims or liens should be
entered and filed against the said building or buildings or any part thereof, or the cartilage or cartilages appurtenant
thereto.
NOW THIS AGREEMENT WITNESSETH, That Contractor for and in consideration of the awazding to him by
Owner of said contract as aforesaid, as well as the further consideration of One ($1.00) Dollaz to him paid at or
before the ensealing and delivery of these 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 cartilage or cartilages appurtenant thereto, by Contractor or by any
subcontractor, materialmen or laborers for work done or materials furnished under said contract 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 for any work
done or labor of materials furnished under said contract for and about the erection, 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 give the Owner full power and authority to protect himself and the lot or lots of ground against any
and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing
covenant, the said Contract for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney
of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appeaz 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 his, their, its, name, mark satisfied or
record at the cost and expense of the Contractor or of any Sub-Contractor or Materialman, or Materialmen, any and
all claims or claim, lien or 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.
WITNESS PRESENT:
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ETC-24 (`fie? 8.86)
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STIPULATION AGAINST LIENS
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Eddie Martin