HomeMy WebLinkAbout02-1927 STIPULATION AGAINST MECHANICS' LIENS
TI-IIS AGREEMENT made and concluded this ! ~day of April, 2002, BETWEEN
RONALD E. SHOVER and NORMA G. SHOVER, husband and wife, of 5601 Highway 35,
Kalispell, Montana 59901, parties of the first part (hereinafter called Owner),
AND MATTItEW LUDT CONSTRUCTION, of 139 Bonny Brook Road, Carlisle,
Pennsylvania 17013, party of the second part, (hereinafter called Contractor).
WHEREAS the said parties have by a duly executed Agreement under seal, bearing date of
March 1, 2002, entered into a written contract for the erection, construction, and completion of a
dwelling house on:
ALL THAT CERTAIN tract of land situate in South Middleton Township,
Cumberland County, Pennsylvania, being more particularly described as Lot
No. 3 as laid out and shown' on the Final Minor Subdivision Plan for the
Ronald E. Shover Property, as recorded in the Office of the Recorder of
Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Plan
Book 81, Page 46.
NOW TItlS AGREEMENT WITNESSETH: 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 delivepj of these presents, the receipt whereof is hereby acknowledged, does hereby
covenant, promise, and agree that no mechanics' lien or claim or other lien or claim of any kind
whatsoever 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 for any work
done or labor or materials furnished 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.
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 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 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 and all claims or claim, lien or lien, 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, Texm 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 WI-IEREOF, the said parties hWereunto set their hands and seals dated the
day and year first above written. ~/t'~ ~ ~q~tA.~ (SEAL)
N/oma G. Sh6ver /-
Matthew Ludt Construction
(SEAL)