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HomeMy WebLinkAbout94-01147 1/47 fVl LD 1f/9t( STIPULATION AGAINST MECHANICS' LIENS THIS AGREEMENT made and concluded this 1of1.1- day of /',4 /f';1..c4 . 1994. BETWEEN WILLIAM P. SERAS and SANDRA P. SERAS, husband and wife. of the Borough of Carlisle, (1034 Northfield Drive), Cumberland County, Pcnnsylvania, parties of the fmt pan (hereinafter called Owncr), AND JAMES E. MOSEMANN HOME IMPROVEMENTS, BUILDER, of 1485 Creek Road, Carlisle, Pcnnsylvania 17013, party of the sccond part, (hereinafter called Contractor). WHEREAS the said panics have by a duly exccuted Agreement undcr seal, bearing even date herewith, entered into a wriuen contract for the erection, construction, and completion of a two-story frame and brick house. NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in considcmtion of the contract aforesaid and the considcmtion mentioned thereundcr, as wc\1 as the further considemtion of One ($1.00) Dollar to him in hand paid by the Owner at or before the sealing and delivcry of these presents, the reccipt whcreof is hereby acknowledged, does hereby covenant, promise, and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoeVer sha\1 be filed or maintained against the said building or buildings or the curtilage or curtilages appurtcnant thcrcto, by Contractor or by any sub-contraCtor, materialmen, or laborers for work done, or materials furnished undcr 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 thcreof, or on credit thereof, and that all sub-contractors, matcrialmcn and laborers on SlIid work shall look to and hold Contractor persona\1y liable for all sub-contracts, matcrials fumished and work and labor done, so that thcre shall not be any legal or lawful claim of any kind whatever against Owncr 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 licn shall be an independent covenant and shall opemte 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 buildin~ or buildings as any work and labor done and materials furnished under the contract aforesatd. AND, in order to give the Owner fuU 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 Ihrough him or it in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attomey 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 nil claims or claim, lien or lien, filed by or for the Contractor, or any Sub-Contmctor or Materialman, or in his or their name against said building or buildings, lot or lots of ground or any pan thereof and for such act, or nets this shall be good and sufficient warrant and authority, and a reference to the Court, Tenn and Number in which and where this Agreement shall have been filed shaU 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 conceming the SlIme. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above writte/? ' t- -to 7 -.f!-( lllPdl:ud' P;~~1Ct.~SEAL) ;fo/ h --- William P. Sems '_.- , , ..~ y/ -- / 1,5? 1 , \ ria, (~:X)l.(\ -, Sundm P. Seras (SEAL) JAMES E. MOSEMANN HOME IMPROVEMENTS 'Al-I-tlO I: - t t.~ T /l1.6?-.:>'J' , ,P}rt ~)~ /'5 BY:J....- f /14. n L__ (SEAL) , Builder ~ ~ t s;? ~ ..".. ...,.. ~ ~ ~ ""'." \. - . ~,.. =- l;-_l .,- -J ~, ~~ In ~-, .... ...., ~ .... ~ ":T ~ , :.\.) "'- en :"j c>: :;:.- -.' =-: