HomeMy WebLinkAbout04-4569STIPULATION AGAINST LIENS
TIMOTHY J. HOGG AND JANA M. HOGG,
O~/ners
KEITH McNAUGHTON MODULAR HOMES,
LLC.,
Contractor
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. MLD 2004
J,~l~ ~, 2004, Timothy and Jana Hogg ("Owner" or "Owner(s)") and
WHEREAS,
on
Contractor KEITH McNAUGHTON MODULAR HOMES, LLC, ("Contractor~) entered into an agreement for
construction of residential structures ("the Project") at 1100 Market Street, New Cumberland Borough on real
estate described in Exhibit "A", ("the Premises"); and
WHEREAS, in consideration for the agreement, Owners have required Contractor to waive any
claim which it has or may acquire, on behalf of itself, its subcontractors, and suppliers, with regard to the
Project.
NOW THEREFORE, Owner and Contractor agree as follows:
1. Neither Contractor nor any of its subcontractors or suppliers shall file any Mechanic's Lien
against the Project or against the Premises on account of the performance of any labor or the furnishing of
any materials with regard to the Project.
2. Contractor shall inform all subcontractors and material suppliers with regard to the Proje(
that Contractor has waived any rights that they may have to file a lien against the Project or the Premises.
3. This agreement is an independent covenant, and shall operate and be effective regardless o
Owner's performance under the contract. Furthermore, this Agreement shall extend to and be effective wltt'
regard to any supplemental contract for extra work to be performed relative to the Project.
4. In order to protect fully the Owner and the Premises against any Mechanic's Lien claim which
may be filed by Contractor or its subcontractors or suppliers in violation of the covenants contained herein,
Contractor, for itself, its subcontractor, and suppliers, hereby irrevocably authorize and empowers any
attorney of any court of record in and for the Commonwealth of Pennsylvania to appear for it, them, and any
of them in any of the Courts of Common Pleas of the Commonwealth of Pennsylvania as Attorney for it,
them or any of them and, in the name of any claimant who files a lien against the Project or the Premises,
mark "Satisfied" any such lien at the cost and expense of the Contractor and of any such Mechanic's Lien
claimant. For such action, this instrument or a true and correct copy hereof shall be sufficient warrant. This
warrant of attorney shall not be exhausted by any single exercise, but may be re-exercised from time-to-time
at any time that a Mechanic's Lien has been filed against the Project or the Premises. By furnishing labor or '
materials with respect to the Project, each subcontractor and material suppler of Contractor is expressly
agreeing to the terms of this instrument and authorizing the exercise of this warrant of attorney against it.
IN WITNESS WHEREOF, Owner and Contractor, intending to be legally bound hereby, has caused
this instrument to be duly signed this j~ k day of~l~l[. 2004.
OWNER:
TIMOTHY AND JANA HOGG
By: ~
By:
CONTRACTOR:
KEITH McNAUGHTON MODULAR HOMES, LLC,