HomeMy WebLinkAbout04-3469 STIPULATION AGAINST MECHANICS' LIENS
THIS AGREEMENT made and concluded'onJh~ __, 2004
BETWFJ~ William J. Wirl of 855 York Road, Carlisle, Pennsylvania, party of thc first part (hereinafter called Owner),
AND Wirl Construction of 855 York Road, Carlisle, Pennsylvania, party 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 oft single
family residence to be erected on the lot of ground situate in South Middleton Township, Cumberland County,
Pennsylvania, known as Lot No. 4, Phase II of Misty Meadows, on East Creamery Road.
WItE~, thc said parties agree that construction will not commence prior to
NOW THIS AGRI~IqMENT WITNESS: That the Contractor for and in consideration of the conwact aforesaid
and thc consideration mentioned thereunder, as well as the further consideration of One ($1.00) Dollar to him in hand
paid by the Owner m 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 or other lien or claim of any kind whatsoever
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 trader 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 Icg'al or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished 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 supplemcotal thereto or otherwise,
AND this agreement waiving thc 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,
constrncdon, and completion of thc: 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 thc 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 Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney
of any Court of Common Pleas of the Commonwealth of 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, or it and in him, their, its, name, mark sadsfied of
record at the cost and expense of the Contractor or of any Sub-Comractor or Materialman, or Materialmen, any and all
claims or claim, lien or lien, 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 pan thereof and for such act, or acts this shall be good
and sufficient warrant and audiority, and a reference to the Court, Term and Number in which and where this
Agreement shall have been filed shall be a suiT~cient exhibit of the Authority herein contained to warrant such action,
and the Contractor for himself, themselves, itself, do hereby remise, release and quit-talin all rights and all manner of
errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the
sanle.
IN MTNESS WHEREOF, the said parties have hereunto set their hands mid seals dated thc day and year first
abovc written.
By:
(SEAL)