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Home My WebLink About02-5882 OF coMMON pLEAS THE COURT pENNSYLVANIA ci3MBEt~AND COUNTY, ,2002 LEAHY, JR., and KAREN L- GERALD R. and wife, LEAHY, husbanodwners and ANT)PEW ZIMERMAN, a sole proprietor doing business as A & K BUIJc.DERS, Filed: Contractor TO THE pROTHONOTARY: ' ' Please index this Stipulation Against and Waiver of Right to File Mechamcs Lien in fire names of the owners, as Plaintiffs and Defendants, and cross-index the Stipulation Against and Waiver of Right to File Mechanics' Lien in the name of the Contractor as Plaintiff and Defendant- joHNSTON & DIAMOND Suite 100, 150 Corporate Center Drive post Office Box 98 Camp Hill, Pennsylvania 1'/001-0098 (717) 975-5500 Dated: ~-' 2002 ~ai-~.D. No. 43902 Attorneys for Owners +l/2//20M2 15:47 717-975-5513. J[~MN_CTON g DIAMOND ~GE IN TF~ COURT OF COMI~ON PLEAS CUNIBER~ COUNTy, PF-NNSYLVAN'fA GERAI~ R. L~AHy, JR., and KAREN L. LEAHY, hasband and wife, Owners and ANDREW ZIMERMAN, a ~o1¢ proprietor doing business a~ A & K BUILDERS, Contractor Filed: .... ,2002 STII~ULATION AGAINST AND WAIVER OF ~AS, ~ ~M~, a Sole ~etor doing bu~n~ss ~ A & K B~.D~S ~er ~c ~~,), wi~ a busi~ss a~s at R.R. 1, Box 336, P~ ~ver- ton. Pennsylv~ia 178~; fork reladng ~ ~e ~m~ and finis~g ~ a one-$to~ c0~erc~ shop ~d offi~ b~l~g ~. m~r ~e '~ovemen~'9 ~ the m~ estate p~cet locat~ al 123 ~ghth Se~ New Cumberi~d, C~rl~d C~n~, ~n~ylv~i~ mr ~c "~s"), wMch i~ wMch p~or to ~e co~encement of cons~fion or ~ve~ of wM~ is NOW, TI'~R~ORE, in consideration of the execution and delivery of the Contract, and in consideration of thc sum of One Dollar ($1.00) to Contractor in hand paid,/he reca~ipt and suffi- ciency of which are hereby acknowledged, and intending to be legally bound hereby, the Contractor, Z5:47 717-975-551~ JOHNSTON %1/27/2082 for hirnself, and his heirs, personal represmatatives, asents, serwnls, employees, reFmsontatives, signs and successors, and all such persons, and all subcontractors and other parties acth~g through or under Contractor, does hereby covenant, promise and agree that no mechanics' lien or claim of any kind shall be filed or maintained against the Improvements o~ the Premises, or any part or parts thereof, or the appurtcnancez thereto, by Contractor or by any subcontractors, mat~tialrne,, laborers or others, for work done or for may tools, equipment, materials or supervision, or other services fur- nished under the Conuact or any subcontract or supplements thereto, written or oral, or by any other party acting throu~ or under them, eT any of them, for and ab~nut the Improvenaents, the Premises, or any parts thereof, or on c. tedit thereof. An~t this Stipulation Against and Waiver of Right to File Mechanics' Liens shall be an inde- pendent covenant and shall operate anti be effective as well with respect to work done and materials and ~ervices furnished under any supplemental controx;t for extra wo~k in connection with the con- struction of the Improvements ~ to any work and labor done and material furnished under the Con- And, in order to give O~ners full power and auth°nt~t to protect themselves and thc Im- provemettts and the Premises against any and all claims filed by thc Contractor, or by any subcon- tractor or anyone acting un~r or through the Contractor in viol~ion of the foregoizg covenant, Con- tractor, for himself, his bci~s, personal representatives, agents, servants, employe~s, represen~tives, ~ssigns and successors, and all such per~oa~, hereby irrevocably authorizes and empowers any attor- ney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, or any of them, and in his, its or their name or names, to mark satisfied of any such mechanics' lien -2- ._ L!/27/2062 15:47 7Z7-975-5512 JOHNSTO~I & DI~NOND P~GE 0B or claim, at the cost and expense of the Contractor, or his heirs, personal representatives, agents, ser- vants, employees, representatives~ assigns and successors; and for such act. or ac~ this document or a copy of it shall be a good and sufficient warrant and authority, ~ a re~efence to file Court and to the dc~ket in which and where this instrument shall h~tve been filed shall be a sufi~c/ent exhibit of the au~ority hcrein contained to warrant such acfiorh and thc Contractor, for himself, and his hcLrs, per- sonal representa6ves, agent~, servants, employees, representatives, a~signs and suecessors, does h~reby release all errors and defects whatsoever in the entry of any such sa~isfzction or the exercise of the aathorJty hereby conferred. Tiffs WAIVER OF 1 .ruNS will be filed in the Office of ~e Ptothonotm-y of Cumberland County.. Pennsylvania, pursuant to the provisions of the Act of Augt~t 24, 1963, P.L. ! 175, No. 497, a~ supplemented and amended, and the Prothonotary is required lo i,~dex this Stipulation alld Waiver in the name of the Contr~tor. both as Defendant and as Plaintiff, and in the name of the Owners, both a~ Defendants and as Plaintiffs, in accordance with the Mechanics' Lien Law of 1963, the Act of August 24, 1963, as aforesaid, the receipt cf such filing to be delivered to the Owners_ ~TNESS the due execution hereof, with the in~ent to be legally bound, this ~ day of I/--- 2- ,2o02. Wit~ess: Name: ANDREW ZIMI~RMAN, a sole proprietor doing business as ^ & K BUn .BERg: Print Name: Title: -3- Exhibit A ALL that certain piece or parcel of land, situate in the Borough of New Cumberland, County of Cumberland, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of Eighth Street, at the line of lands now or late of Mary Drayer; thence in a westerly direction along the northern line of Eighth Street, 148 feet to a point on the eastern line of a 10 foot alley; thence in a northerly direction along the eastern line of said alley, 136 feet to a point; thence in an easterly direction along the southern line of Lots Nos. 242, 241,240 and 239 on the hereinafter mentioned plan of lots, 148 feet to a point on the line of lands now or late of Mary Drayer; thence in a southerly direction along the last mentioned line, 136 feet to a point, the place of BEGINNING. BEING Lot No. 237 and an unnumbered lot on the plan of lots entitled "Plan of Elkwood, Surveyed for Wood Harmon Real Estate Associates", prepared by Geo. Roberts, dated April 1, 1896, and recorded in the Office of the Recorder of Deeds of the County of Cumberland, Pennsylvania, in Deed Book M, Volume 5, at page 498. HAVING THEREON erected a two and one-half story frame single dwelling house, No. 123 Eighth Street, New Cumberland, Pennsylvania. Stipulation Against Liens M L Builders, Inc. 641 Whiskey Spring Road Boiling Springs, PA 17007 ,dHD 104 Fairway Drive Carlisle PA 17013 December . ~2002 dwelling Dickinson Township, Cumberland County, Pennsylvania, more particularly described as lot 83 on a Final Subdivision Phase No. 2 of Callapatscink recorded in Plan Book 74, Page 141, with an address of 27 McCoy Lane, Carlisle, Pa 17013. ACKNOWLED~MEI~r FDR INDI¥1DUkL is ~ess uM. ere~, i hereute sec my Amd ami o~c~d se~L ACKNOWLEDGMENT FOR CORPORkTION In u~tmess ~s,Aereo.~, ! ~ kereunto s~ my ham/ Nomr~r/~b//c