HomeMy WebLinkAbout05-5090
STIPULATION AGAINST LIENS
SUZANNE DIEHL,
Owner
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYL VANIA
v.
.JI tJLv-- 51.~ql) /viU:J
ECICONSTRUCTION, LLC,
Contractor
This instrument is executed this 28TH day of September, 2005, by eciConstruction, LLC, an
Pennsylvania limited liability company ("Contractor"), in favor of Suzanne Diehl, an adult individual
("Owner").
WITNESSETH:
I. Contractor is a contractor within the meaning of the Mechanics Lien Law of 1963.
2. Owner and Contractor intend to enter into a certain contract ("Contract") in
connection with the renovation, construction and alteration of the property, ground, building and
premises on a parcel of ground known as Lot 11 on COmmE!rCe Avenue, South Middleton
Township, Cumberland County, Pennsylvania, as more particularly described in Exhibit "A"
attached hereto and incorporated herein (hereinafter, the "Property").
3. Contractor has, by this instrument and the promises contained herein, covenanted,
promised and agreed that no mechanics' or materialmen's liens shall be filed or maintained against
the estate or title of owner in the Property or any part thereof, or the appurtenances thereto, either by
itself or anyone else acting or claiming through or under it for or on account of any work, labor or
materials supplied in the performance of the work under the contract or under any supplemental
contract or for extra work.
NOW, THEREFORE, in consideration of the Contract and the covenants of Owner therein
contained, and the sum of ONE DOLLAR ($1.00), paid in hand to Contractor, the receipt and
sufficiency of which are hereby acknowledged, and intending to be legally bound hereby:
I. Contractor, for itself and anyone else acting or claiming through or under it, does
hereby waive and relinquish all right to file a mechanics' or materialmen's lien, or notice of intention
to file any lien, and does hereby covenant, promise and agree that no mechanics' lien or other lien of
any kind whatsoever shall be filed or maintained against the estate or title of Owner in the Property
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or the appurtenances thereto, by or in the name of Contractor, or any subcontractor, materialman or
laborer acting or claiming through or under for work done or materials furnished in connection with
the Contract or by any other party acting through or under them or any of them for and about the
Property or any part of it.
2. This agreement waiving the right of lien shall be an independent covenant by
Contractor and shall operate and be effective as well with respect to work done and materials
furnished under any supplemental contract for extra work in connection with the above-described
project on the Property to the same extent as any work and labor done and materials furnished under
the Contract.
3. To give Owner full power and authority to protect itself, the Property, the estate, or
title of Owner therein, and the appurtenances thereto, against any and all liens filed by Contractor or
anyone acting under or through it in violation of the foregoing covenant, Contractor hereby
irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the
Commonwealth of Pennsylvania (i) to appear as attorney for it, them or any of them, in any such
Court, and in its or their name or names, to the extent permitted by law, mark satisfied of record at
the cost and expense of Contractor or of any subcontractor or materialman, any and all lien or liens,
filed in violation ofthe foregoing covenant, or (ii) to cause to be filed and served in connection with
such lien or liens any pleading or instrument, or any amendment to any pleading or instrument
previously filed by it or them, and to incorporate therein, as part of the record, the waiver contained
in this instrument; and for such act or acts this instrument shall be good and sufficient warrant and
authority. A reference to the court, term and number in which and where this agreement shall have
been filed shall be conclusive evidence of the authority herein to warrant such action, and Contractor,
for itself and for them, hereby remises, releases and quitclaims all rights and all manner of errors,
defects and imperfections whatsoever in entering such satisfaction or in filing such pleading,
instrument or amendment, or in any way concerning them. In the: event anyone acting through or
under Contractor shall so file a lien in violation ofthe foregoing covenant, Owner may not exercise
its rights under this Paragraph 3 unless such lien has not been stri,;ken or discharged (by payment,
posting of a bond or other means) for a period of ten (\ 0) days after notice of such lien shall have
been received by Contractor.
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IN WITNESS WHEREOF, Contractor has executed this instrument as of the day and year
first above written.
Signed, Sealed and Delivered
in the presence of:
~c
. Eichelberger, Chairman
. Ifwf)( /i1I fJ j fi V
e I{L hi
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
: ss.
COUNTY OF CUMBERLAND )
On the il day of September, in the year 2005, before me, the undersigned, a
Notary Public in and for said Commonwealth, personally appeared William P. Eichelberger,
personally known to me or proved to me on the basis of satisfactory evidence to be the
individua/(s) whose name(s) is (are) subscribed to the within instrument and acknowledged
to me that helshelthey executed the same in his/her/thleir capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s). or the person upon behalf of
which the individual(s) acted, executed the instrument.
~~UOAA ,~7Jwt 1
Notary Public
NoIariaI &NlI
Barbala TIvan. Notaty I'ItlIic
DiIIabuIg Bolo. York CounIy
My Commission &pie. Feb. 4.l!OO6
Mon1Jor. ~AssccillanOl~
3
COMMONWEALTH OF PENNSYLVANIA )
: ss.
COUNTY OF CUMBERLAND )
On the ~ day of September, in the year 2005, before me, the undersigned, a
Notary Public in and for said Commonwealth. personally appeared Suzanne Diehl,
personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/herltheir capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of
which the individual(s) acted, executed the instrument
~D~
--0 Notary Public
S\.iI'/i,\,1(H,I..,vl::;:.4LI';] t)J- !Ji:i\JNSYLV/\NIA
~ Notarial Seal
M,~iY M. Pric~, Notary Public
CarllSIE:' Bor,) , Cumberland County
My ~~:~~.::I:~El{plreS Aug. 18. 2007
Met'::!>;, '-'er':,,.':/I,'<,!,,u '<\SSCClu(lon 01 Notaries
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