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HomeMy WebLinkAbout11-2916 STIPULATION AGAINST MECHANICS' LIENS THIS AGREEMENT made d concluded on March 8, 2011 BETWEEN WILLIAM SCHR IBER and BARBARA N. SCHREIBER, husband and wife, of 2520 East Harter Court, Visal a, CA 93292„ party of the first part (hereinafter called Owner), AND NORM ELAM of 26 Daijnah Drive, Carlisle, Cumberland County, Pennsylvania„ party of the second part, (hereinafter called Con?tractor). WHEREAS the said parties ve by a duly executed Agreement under seal, bearing even date herewith, entered into a written contract for he excavation on a portion of the premises, and the construction and completion of a single family resi nee to be erected on the lot of ground situate in Dickinson Township, Cumberland County, Pennsylvania, own as Lot 40 of Heritage Valley, WHEREAS, the said parties agree that construction will not commence prior to March 11, 2011, NOW THIS AGREEME T WITNESS: That the Contractor for and in consideration of the contract aforesaid and the consideratimentioned thereunder, as well as the further consideration of One ($1.00) Dollar to him in hand paid by the wner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, d hereby covenant, promise, and agree that no mechanics' lien or claim or other lien or claim of any kind what, ver shall be filed or maintained against the said building or buildings or the curtilage or curtilages appurte thereto, by Contractor or by any sub-contractor, materialmen, or laborers for work done, or materials furnish under said contract or by any other party acting through or under them or any of them for and about said build g 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 w 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 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 supplemental thereto or oth ise. 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 one and materials furnished under any supplemental contract for extra work in the erection, construction, and co pletion 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 0 against any and all claims filed by t foregoing covenant, the said Con empowers any Attorney of any Coi him, them, it or any of them, in an in him, their, its, name, mark sal Contractor or Materialman, or M< Contractor, or any Sub-Contractor c or lots of ground or any part ther authority, and a reference to the Cc filed shall be a sufficient exhibit of himself, themselves, itself, do hereb imperfections whatsoever in enterin IN written. NfS9M ELAM ner full power and authority to protect himself and the lot or lots of ground Contractor or anyone acting under or through him or it in violation of the actor for himself, themselves, itself, hereby irrevocably authorizes and t of Common Pleas of the Commonwealth of Pennsylvania, to appear for of the said Courts of Common Pleas as Attorney for him, them, or it and fied of record at the cost and expense of the Contractor or of any Sub- ;rialmen, any and all claims or claim, lien or lien, filed by or for the Materialman, or in his or their name against said building or buildings, lot if and for such act, or acts this shall be good and sufficient warrant and rt, Term and Number in which and where this Agreement shall have been ie Authority herein contained to warrant such action, and the Contractor for remise, release and quit-claim all rights and all manner of errors, defects and such satisfaction or in anywise touching or concerning the same. , the said parties have hereunto set their hands and seals dated the day and (SEAL) WILLLIIAM SCa?HR ER / eL{ n (SEAL) BARBARA N. SCHREIBER PIP 1l MAC' -9 Fl 2: -TIMBERLAND cu jiwv rENNS Y L l iiI ',l ??t ? T lc s 1r. 00 ®d & q /O ?Yy ,Zff a-sG JG'?