HomeMy WebLinkAbout14-1874 STIPULATION AGAINST MECHANICS' LIENS
THIS AGREEMENT made and concluded on March _, 2014.
25h 'MAR, 26
BETWEEN BERNARD C. MEMMELAAR, JR. and PAMELA M.
MEMMELAAR, husband and wife, of 1224 Mercedes Bend, Tom's River, NJ CMVM�RL11040 MUNI
Cumberland County, Pennsylvania, party of the first part (hereinafter called Owner), PERNSYLi11N "y \
AND RIDGEVIEW CUSTOM HOMES, LLC, a Pennsylvania limited liability 5 d d ,
corporation having its principal place of business at 945 Ridge Road, Shippensburg,
Pennsyvlania, party of the second part, (hereinafter called Contractor). Pee
WHEREAS the said parties have by a duly executed Agreement as of February 10,
2014, under seal, entered into a written contract for the excavation on a portion of the ,a
premises, and the construction and completion of a single family residence to be erected on ,,03 L 3d'
the lot of ground situate in South Middleton Township, Cumberland County, Pennsylvania,
known as Lot No. 21 on a Plan of Lots for Yorkfield recorded to Cumberland County Plan
Book 81, Page 28, Pennsylvania,
� "EREAS, the said parties agree that construction will not commence prior to March
2014,
NOW THIS AGREEMENT WITNESS: That the Contractor for and in consideration
of the contract aforesaid and the consideration mentioned thereunder, as well as the further
consideration of One ($1.00) Dollar to him in hand paid by the Owner at 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, as set forth in the Mechanics'
Lien Law, 49 P. S. § 1101 et seq., or any successor statute, 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 under 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
legal or lawful claim of any kind whatever against Owner by any sub - contractor, materialmen,
or laborers for any work done or labor or materials furnished by 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 otherwise. The within Stipulation
does not waive any rights that Contractor may have under the contract other than the filing of
a mechanics' claim or mechanic's lien under the Mechanics' Lien Law.
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 done and materials furnished under any
supplemental contract for extra work in the erection, construction, and completion 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 Owner full power and authority to protect himself and the lot
or lots of ground against any mechanics' claims or mechanics' liens 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 satisfied of record at the cost and expense of the
Contractor or of any Sub - Contractor or Materialman, or Materialmen, any mechanics' claims
or mechanics' 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 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 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 touching or concerning the same.
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals
dated the day and year first above written.
RIDGEVIEW CUSTOM HOMES, LLC
By. G/! (SEAL) E
AL)
HP66({ 5 , \98,wer' Member BERNARD C. MEMME AAR, JR.
PAMELA M. MEMMELAAR