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HomeMy WebLinkAbout02-4867WAIVER AND STIPULATION This Waiver and Stipulation ("Agreement") is made and concluded this ,~ day of October, 2002, by and between Robert C. and Karen B. May, Husband and Wife, parties of the first part (hereinafter called Owners) and Caledonia Construction Services, Inc. (in organization), a Pennsylvania business corporation, party of the second part (hereinafter called Contractor). BACKGROUND The Owners have entered into a contract with Contractor for remodeling work, including a dormer, deck and replacement of the roof on a building located at 4330 Carlisle Pike, Hampden Township, Cumberland County, more particularly bounded and described on the attached legal description (Exhibit A), the "property." The Owners wish to apply for and obtain a mortgage on said property in order to fund the improvements thereon from Community Banks. Community Banks wishes to obtain a first mortgage on the property without the possibility of the property being subject to liens, including Mechanics Liens. In connection with the work ordered under the contract, as well as any additional work ordered in connection with the remodeling of said property, and the mortgage aforesaid, the Owners wish to obtain, and the Contractor wishes to facilitate, a Stipulation Against Mechanics Liens as provided for in Section 1402 of Title 49 of the Pennsylvania Statutes, known as the Mechanics' Lien Law of 1963. NOW THEREFORE, intending to be legally bound, in consideration of one dollar, the mutual promises made herein, and the premises of this Agreement, the parties hereto agree as follows: 1. The Background is incorporated herein by reference. 2. Contractor does hereby covenant, promise and agree that no mechanics' liens or claims or other liens or claims of any kind whatsoever shall be filed against the property described on Exhibit A hereto, known as 4330 Carlisle Pike, Hampden Township, Cumberland County, or upon the building or curtilage of said property, by Contractor or by any subcontractor, materialman or laborer for work done or materials furnished under said contract, or any subsequent expansion of the contract, or new contract, for remodeling of said property, for and about said building or any part thereof, or the curtilage, or said property, or on credit thereof, and that all subcontractors, materialmen, and laborers on said work shall look to and hold Contractor liable for all subcontractors, materials furnished and work and labor done. There shall not be any legal or lawful claim of any kind whatever against the property for any work done or labor or materials furnished under said contract for remodeling, including any expansion of the work ordered under said contract or by way of a new contract or contract for extra work, or for work supplemental thereto or otherwise. 3. In order to give the Owners full power and authority to protect themselves and the lot or lots of ground on said property against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenants, the said Contractor for himself or itself or themselves, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas as Attorney for him, them or it and in his, their or its name, mark satisfied of record at the cost and expense of the Contractor or of any subcontractor, materialman or laborer, any and all claims or claim, liens or lien, titled by or for the Contractor, or any subcontractor, materialman or laborer in his, it or their name against said building, lots of ground or any part thereof and for such act or acts, this shall be good and a 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 sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for himself, themself or itself, does hereby remise, release and quitclaim all rights and manner of errors, defects and inperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. 1N WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. WITNESSES PRESENT: /]~'-~-~:~- .~~ Print Witness Name ]-~a~/~ ~ ~Tt~e-- Prin~"W~e~ s Name .~ 7Zq0/4~t~t,* ~ 77(.4q~'-~Jg)/~ By: '~o~u Cale. ~IQ~rr~w ,If, I4~Ianag er ia Construction Services, Inc. (in organization) (Seal) ~obert C. May 7 ,~aren B. May ~ ALL that certain piece or parcel of land situate n Hampden Townsh p, £ umberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the northern right-of-way line of the Harrisburg-Carlisle Pike (U.S. Route 11), said point being 100 feet West of the intersection of the western line of a 40 foot wide road, formerly Zimmerman Road now Hillcrest Road, with the aforesaid northern fight-of-way line of the Harrtsburg-Carlisle Pike (U.S. Route 1 I): THENCE North 0 degrees 15 minutes West along the western line of land now or late of George W. Weitzel et *tx., a distance of 230 feet to a point marking the southeast comer of land now or late of Sara Whitcomb; THENCE South 89 degrees 45 minutes West and along the southern line of land now ur late of the said Sara Whitcomb, a distance of 100 feet to a point marking the northeast comer of land now or late Of Otto H: Ulbrich et ux.; THENCE South 0 degrees 15 minutes East and along the eastern line of land now or late of the said O~o N. Ulbrich et ,tx., a distance of 230 feet to a point in the northern right-of-way line of the said Harrisbm-g. Carlisle Pike (U.S. Route 11); THENt ?E North 89 degrees 45 minutes East and along the northern right-of-way line of the said Harrisburg-Carlisle Pike (U.S. Route 11), a distance of 100 feet to a point, the place {)f BEGINNrNG. HAViNG THEREON ERECTED a one story, brick and stone dwelling house known and numbered as 4330 Carlisle Pike, Hampden Township, Cumberland County, Pennsylvania. UNDER AND SUBJECT NEVERTHELESS to easements, restrictions, reservations conditions and rights-of-way of record.