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STIPULATION AGAINST LIENS
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The undersigned, for itself, its subcontractors,
materialmen, laborers and anyone else acting under or through it,
hereby irrevocably authorizes and empowers any attorney of any
court of competent jurisdiction of the Commonwealth of
Pennsylvania, or elsewhere, to appear as attorney for it, them or
any of them, in any such court and, in its or their name or
names, mark satisfied of record at the cost and expense of the
undersigned, any and all claims, liens, any pleading or
instrument, or any amendment to an}' pleadir,q or instrument
previously filed by it or them, to incorporate therein as part of
the record this waiver and for such act or acts this waiver shall
be good and sufficient warrant and authority, and the undersigned
for itself, and for them, does hereby remise, release and
quit-claim all rights and all manner of errors, in filing such
pleading, instrument or amendment, or in any way concerning them,
Owner shall have the absolute right in its name or in the
name of the undersigned or any other entity or person who shall
have filed a claim or lien, to cause any and all such claims dr
liens to be disCharged by any other instrument, pleading or
proceeding permitted at law or in equity.
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The undersigned contractor furnishing services, labor or
materials, known as MARBAIN ASSOCIATES, L.L.P., a pennsylvania
limited liability partnership (the "Contractor") intending to be
legally bound, and in consideration of the sum of ONE AND NO/100
DOLLAR ($1,00) to it in hand paid by MAX D. MARBAIN, an adult
individual ("Owner") the receipt whereof is hereby acknowledged,
for itself and any subcontractors, materialmen, laborers or
anyone else acting through or under it, covenants and agrees that
no mechanics or materialmen's liens or claims shall be filed or
maintained by it, them or any of them, against the real estate
described in Schedule "A", attached hereto and made a part
hereof, or against any buildings or other improvements thereon
(jointly and severally, the "Real Estate"), for or on account of
any work to be done or materials furnished under the principal
contract between Owner and Contractor, dated November 14, 1997,
or under any supplemental contract, verbal or written, or
contract for extra work or materials relating to and work to be
done or material furnished under said principal contract. The
undersigned, for itself, its subcontractors, materialmen,
laborers and anyone else acting or claiming through or under it,
hereby waives and relinquishes all right to file a mechanics I
lien, claim or notice of intention to file any lien or claim
against the Real Estate.
The undersigned hereby avers, represents and warrants that
no work has commenced on the Real Estate and no labor or
materials have been delivered to the Real Estate or furnished for
the improvement of the Real Estate by the undersigned or by any
subcontractor, materialman, laborer, or other person or entity,
and that no authorization has yet been given by the Owner to the
undersigned to commence work or purchase materials in connection
with the Real Estate,
This stipulation is made and intended to be filed with the
Cumberland County Prothonotary in accordance with the
requirements of the Mechanics' Lien Law of 1963 of the
Commonwealth of Pennsylvania,
IN WITNESS WHEREOF, the undersigned has caused this
instrument to be duly executed as of the fourteenth day of
November, 1997,
WITNESS:
CON~RAC R:
MARB I ~J19CIATES, L: L, P.
By rt'?~AA
Max D. Marbain, Managing Partner
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71, lJL~rrJ!'tLu:1t--
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SCHEDULE A
ALL THOSE CERTAIN lots or parcels of ground situate in
East Pennsboro Township, Cumberland County,
Commonwealth of Pennsylvania, being identified as
LOT NOS. Q-19, Q-20, Q-21, Q-22 and Q-23, more
particularly bounded and described in accordance with
Final Subdivision Plan of Floribunda Heights Phase III,
Section A recorded in Cumberland County Plan Book 72,
Page 36,
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