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HomeMy WebLinkAbout02-1607STIPULATION ¥S. MECHANICS LIENS Application No. HSS THIS AGREEMENT Made and concluded this 1-~t day of April A D.~t9. 20.02 between James W. Czupil and Dianne S. Czupil ~992495 of Thomas Construction AND party of the second part (hereinafter ca]led Contractor). , Party of the first part (hereinafter called Owner), WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date herewith, entered into a writtsn coutract for the erection and completion of a single family dwelling to be erected on Lot No. 24, Phase II of Hillside Farms, Silver Spring Township, Cumberland county, Pennsylvania. in which Agreement the Contractor convenantod, 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 the curtilage or curtilages appurtenant thereto, Owner of said co~Atract as aforesaid, as well as the further consideration of One ($1;00) Dollar to him paid at or before the NOW THIS GREEMENT WITNESSETH: That Contractor for and in consideration of the awarding to him ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, prom~s~ and agree that no mechanics' lien or claim er other lien or claim of any kind whatsoever shall be flied 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 ea]d building or buildings or any part thereof, or on credit thereof, and that all sub-contractors, materia]men, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials furniehed 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 and completion of said buildings az 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 hlmeelf, 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 ae Attorney for him, them or it and in hie, their, its, name, mark satiefied 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 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 remiss, 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 earns. IN WITNESS WHEREOF the said parties have hereunto set their hands and eea]e dated the day and year first above written. TC-2Z (Rev. 8/86) ~D~anne S. Czupil ~ '