HomeMy WebLinkAbout01-2566STIPULATION %rS. M~'CBANICS LIENS
CLTI ~010175
;~pplication No.
THIS AGREEMENT Made and concluded tbis 23_r-d _dayof~APril __A.D,~9 2001
between_ Frank R. Barba
of , Party of the first part (hereinafter called Owner),
AND Steve Kemper, Builder
party of the second part (hereinafter called Contractor).
WHEREAS, the said parties have by a duly executed Agreement under sea], bearing even date herewith, entered
into a written contract for tbs erection and completion of
a single family dwelling
to be erected on
Lot No. 19B, Plan of Robert D. Yentzer, single Spring Township,
Cumberland County, Pennsylvania.
Said Plan filed in the Cumberland county Office of the Recorder of
Deeds in Plan Book 53, Page 98.
in which Agreement the Contractor convenanted, 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 tbe curtilage or curtilages appurtenant
thereto,
NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of tiae awarding to him by
Owner of said contract as aforesaid, as well as the further consideration of One ($1.00) Dollar to him paid at or before the
ensealing and delivery of these presents, the receipt whereof is hereby acknowled~;ed, does hereby covenant, promise
and agree that no mechanics' lien or claim er other lien or claim of any kind whatsoever shall be filed 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 for and about said building or
buildings or any part thereof, or on credit thereof, and that all sub-contractors, mateHalmen, 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 or
materials furnished under said contract for and about the erection, construction ~nd 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 Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any
Court of Common Pleas of the Commonwealth of Pennsylvanla, to appear for him, them, it, or any of tbem, in ony of the
said Courts of Common Pleas as Attorney for him, them or it and in his, their, its, name, mark satisfied of 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 ony part thereof and for sucl~, 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 toucbing or concerning the same.
IN WITNESS WHEREOF the said parties have hereunto set their bands and seals dated the day and year first
abovewritten. Steve Kemper, Builder
WITNESS PRESENT:
TC-2~ (Rev 8186)