HomeMy WebLinkAbout10-5842
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
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WILLIAM WILLIAMS
"OWNER"
JSK BUILDERS, LLC
"BUILDER"
No. 10 -584A MLD
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STIPULA T/ON AGAINST LIENS
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WHEREAS, JSK BUILDERS, LLC of 3071 Fishing Creek Valley Road,
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Harrisburg, Pennsylvania 17112 ("Builder"), has entered into a contract with
William Williams, 1303 Apple Drive, Mechanicsburg, Pennsylvania ("Owner"), for
the construction of a Family Room & Master Bathroom Addition at 1303 Apple
Drive, Mechanicsburg Borough, Mechanicsburg, Cumberland County,
Pennsylvania, of which Owner is the title holder of record; and
WHEREAS, it is the intention of Owner and Builder that neither said lot of
ground nor the improvements erected or to be erected thereon shall be subject to
a lien for debts due by Owner to Builder or by Builder to any subcontractor for
labor or materials furnished in the said erection or construction, and that the right
of anyone to claim any such lien be waived hereby.
NOW, THIS AGREEMENT WITNESSETH: That Builder, for and in
consideration of the contract aforesaid and the considerations mentioned
thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand
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paid by the Owner at or before the sealing and delivery of these presents, the
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receipt of which is hereby acknowledged, and intending to be legally bound enal4
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Stipulation Against Liens - Copyright @ 2010 JSK Builders, LLC
Page 1
hereby, does hereby covenant, promise and agree to the extent permitted by law,
• for Builder and any and all subcontractors, materialmen, laboiers and parties
acting for, through or under Builder, that no mechanics' lien or claim or other lien
or claim of any kind whatsoever shall be filed or maintained against the building,
improvements, lot of ground or any part hereof, or the curtilage or curtilages
appurtenant thereto by anyone.
AND this Agreement, waiving the right of lien by anyone to the extent
permitted by law, 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 erection, construction and completion
of 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 Builder or anyone acting under or through Builder in violation of the foregoing
covenant, Builder to the extent permitted by law hereby irrevocably authorizes
and empowers any Attorney of any Court of Common Pleas of the
Commonwealth of Pennsylvania to appear for Builder in any of the said Courts of
Common Pleas as attorney for Builder and in Builder's name, mark satisfied of
record at the cost and expense of the Builder, or of any subcontractor or
materialman, any and all claims or claim, liens or lien, filed by or for the Builder,
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
Stipulation Against Liens - Copyright @ 2010 JSK Builders, LLC Page 2
a
shall have been filed shall be a sufficient exhibit of the authority herein contained
• to warrant such action, and the Builder does hereby remise, release, and
quitclaim 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, Builder has executed this instrument this
3/EN'MEW-4 day of A050g'T
WITNESS:
WITNESS:
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2010.
"BUILDER"
JSK BUILDER $, LLC
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DANIEL P. KREISCHER
"OWNERS"
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WILLIAM WILLIAMS
Stipulation Against Liens - Copyright @ 2010 JSK Builders, LLC Page 3