HomeMy WebLinkAbout02-3255STIPULATION AGAINST MECHANICS' LIENS
TltiS AGREEMENT made and concluded on June 17, 2002
BETWEEN TERRY D. GUSLER of 25509 Via Gmcioso, Valencia, CA 91355, party of the first part
Oaareinai~r called Owner),
ANI} S & A CI]STOM BUILT HOM~S, I~C. of 1060 T~llc Road, Carlisle, pennsylvania, patty of the
second part. (hgl~naflgr called Colttractor).
WHEREAS the said parties have by a duly execuled Agreement under seal, hearing even date herewith,
entered into a written contract for the excavation on a pollion of the premises, and the conslxuction and
completion of a single Family ll~id~lg~ to bc elected on the lut of grelllal s~toated in Middlesex Township,
Cumherland County, Pennsylvania, known as 1015 Harrictt St[~% Carlisle, Pennsylvania 17013,
WHEREAS, the said par'des agree that constru~on will not commence prior to June 24, 2002,
NOW TI~IR AGREEMEI~T W[I'NESS: That the Contractor for and in consideration of the contract
aforesaid and the consideralion mentioned thereunder, as well as thc fm~cher consideration of One ($1.00) Dollar
to him in hand paid by the Owner at or before thc sealing and delive~ of these presents, the receipt whereof is
hereby acknowledged, does hereby covenant, promise, and agree that no Hl~lmnic~° lien or claim or Other lien er
claim of ally kind whatsoever shall be filed or lnaint~ined ag-.~in~ ~ said building or buildings or the curtilage
or curtilages appmlenant the~q.'to, by Contractor or by any sub-conlractor, materialmgn, or laborers for work
done, or materials furnished under said contract or by any other party acting through or under th~n 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 shah 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 Idnd whatever a~oain~ Ownel' fol' ally wOrk ~ or ]abol' or mato[ials filtBish~d under said contract for and
about thc erection, construclion, and completion of said buildings as aforesaid, or -nder any conlract for extra
work or for work supplemental ~o 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 exlxa
work in the erection, consm]clion, 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 hlm~clf 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 ConWactor for hims, elf, themselves, itsclC hereby irrevocably authorizes and
empowers any Attorney of any Court of Common Pleas of thc Commonwealth of Pennsylvania, to appear for
hlm~ theln, it or any ofthenL in any of the said Courts of Common Pleas as Attorney for hinL them, or it and in
him, their, its, name, mark salislied of record at the cost and expense of the Coutractor or of any Sub'C°nlractor
o]~ Materialman; or Malgrialill~ ally and all claims or ciaim~ lien or lien, filed by or for thc Contractor, or any
Sub-Contractor or 1M_aterialrtmn~ or in his or thor name against said building or buildings, lot or lots of ground or
any part thereof and for such act, or acts this shall be gned and sufficient wan'aut and authmity, and a ~ce
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 Conlractoq- for himP~lf, themselves,
itself, do hereby renlise, releas~ a~d quit..claim all 0Ehl~ and all nmnner of erxors, dofgcts and in~rleclions
whatsoever in entering such satisfaction or in anywise touching or concerning the same.
IN WITNESS YVH/cREOF, the said paflies have hereunto set their hands and seals dated the day and
year first above written.
(SEAL)