HomeMy WebLinkAbout02-2080 STIPULATION AGAINST MECHANICS' LIENS
THIS AGREEMENT made and concluded this~(0''/~ day of April,
BETWEEN DOUGLAS.~. ESHENOUR and.~ODEE L. ES.I-I.EN~OUR, h?band ?d
wife, of 32o Greason Road, Carlisle, Pennsylvania x7ox3, parties ottne nrst part ~nereinarter
called Owner),
AND BRYANT G. MINNICH, of 95 Fox Lane, Newville, Pennsylvania x724I,
party of the second part, (hereinafter called Contractor).
WHEREAS the said parties have by a duly execu?d A. greeme.nt under seal,.beating.
date of January 28, 2002, entered into a written contract tor the erecnon, constructxon, ana
completion of a dwelling house on:
ALL THAT CERTAIN tract of land situate in West Pennsboro
Township, Cumberland County, Pennsylvania, being more particularly
described as Tract No. 6 as laid out and shown on the Final
Subdivision Plan for Harry S. Eshenour et al., as recorded in the Office
of the Recorder of Deeds in and for Cumberland County, at Carlisle,
Pennsylvania, in Plan Book 38 Page x8.
NOW THIS 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 ($~.oo) Dollar to him in hand paid by thc Owner at or
before the scaling and delivery of these presents the receipt whereof is hereby
acknowledged, does hereby covenant, promise, and agree that no mechan.~cs hen o.r cla~
or other lien or claim of any kind whatsoever shall bc filed or maintained against the saia
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 thc erection,
construction, and completion of said buildings as aforesaid, or under any contract for extra
work or for work supplemental thereto or othcnvise.
AND this agreement waiving thc right of lien shall be an in&pendent covenant and
shall operate and bc 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 t.he
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 tiimself,
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 su.ch
act, or acts this shall be good and sufficient warrant and authori~, and a reference to me
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 andyear first above written. ,/f~7 // ]~/~ /
"o j enour
j~&~e L. Eshenour '
Bry4t G.'2~nnich