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STIPULATION AGAINST LIENS
The undersigned contractor furnishing scrvices, lubor or matcriuls, known us LEON E.
WINTERMYER, INC., a Pennsylvania corporation (the "Contractor") intending to be legally
bound, und in considerution of the sum of ONE AND NO/I 00 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 subcontTllctors, materiulmen. laborers or anyone else acting
through or undcr it, covenants and agrees thut no mechanics or materialmen's liens or claims
shall be filed or maintained by it. them or any of them, against the rcal estate described in Exhibit
"A", attached hcreto and madc a part hercof, or against any buildings or othcr improvements
thereon or thereto (jointly and severally, the "Real Estate"), for or on account of any work to bc
done or materials furnished under the principal contract between Owncr and Contractor, dated
March~, 1998, or under any supplemcntal contract, verbal 01' written, 01' contract for extra
work or materials relating to and work to be done or material furnishcd 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' Iicn, claim or notice of intention to file any lien or claim against the Real Estate,
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 tho 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 any pleading 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 allY and all such claims or
liens to be discharged by any other instrument, pleading or proceeding pennitted at law or in
equity,
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.
EXHIBIT "A"
ALL THAT CERTAIN Imct or pnrccl of ground situnte in Silver Spring Township, Cumberlnnd
County, Pennsylvnnin, being shown on Firml Subdivision Plnn for Evergreen Subdivision I'hnse I
prepllred by Hnrtmlln und Associlltes, Ine. dated July 22,1997, llS subsequently revised and
recorded in Cumherlund County Plun Book 76, Page 69, as more par1ieularly described as
follows, to wit:
BEGINNING ut a point on the northern right-of-w"y line of State Road (S.R. 2012), said point
being on the southeast corner of I"nds now or fonnerly of Janet K. Hess (Deed Book Z, Volume
33, Page 502); thence along said lands of Hess North 08 degrees 00 minutes 00 seconds West a
distance of 189.26 feet to a point; thence "long same SC1uth 82 degrees 00 minutes 00 seconds
West u distnnce 01'224.37 feet to a poim on line of lands now or formerly of Michael J.
McClean; thence along Innds of McClean and others North 20 degrees 42 minutes 31 seconds
West a distnnce of 1,414.16 feet to a point at corncr of lands now or fonner1y of Allenview, Inc.;
thence along same and crossing South Madder Drive North 57 degrees 1'2 minutes 29 see.onds
East" distance 01'98.00 feet to a point on the northern right-of-way line of proposed South
Madder Drive (50 feet wide) at corner of future Phase 3 of Evergreen; thence along future
Phase 3 of Evergreen, the following nineteen (19) courses and distances: (1) South 75 degrees 12
minutes 31 seconds East a distance of 159.16 fcet to a point at the westcrn terminus of an arc
connecting the northern side of propos cd South Madder Drive with the western side ofproposed
Longwood Drive; (2) along an arc to the Icft having a radius 01'25.00 fect, an arc distance of
39.27 feet to a point on the western side of proposed Longwood Drive aforementioned;
(3) crossing proposed Longwood Drive South 75 dcgrees 12 minutes 31 seconds East a distance
of 50.00 feet to a point on the eastern side of proposed Longwood Drivc; (4) South 14 degrees 47
minutes 29 seconds West a distance of 133.87 feet; (5) along same by a curve to the left having a
radius of 125.00 feet, an arc distance of 17.07 feet; (6) North 73 degrees 10 minutes 16 seconds
East a distance of 192.27 fcet; (7) North 07 dcgrces 50 minutes 57 seconds West a distance of
112.87 feet; (8) North 61 degrees 29 minutes 57 seconds West a distance of 125.00 feet; (9)
along an arc to the right having a radius of 125.00 feet, an arc distancc of 29.91 feet; (10) South
61 degrees 29 minutes 57 scconds East a distance of 110.00 feet; (11) North 28 degrees 30
minutes 03 seconds East a distance 01'334.07 feet; (12) North 11 degrees 29 minutes 57 seconds
West a distance of 113.71 feet; (13) North 78 degrces 30 minutes 03 seconds East a distance of
30.00 feet; (14) South 11 degrees 29 minutes 57 seconds East a distance of 120.00 feet; (15)
South 72 degrces 03 minutes 32 seconds East a distancc 01'98.69 feet; (16) South 36 degrees 29
minutes 57 seconds East a distance of 251. 74 feet; (17) South 16 degrees 49 minutes 44 seconds
East a distance 01'99.44 fcet; (18) North 73 degrees 10 minutes 16 seconds East a distance of
302.52 feet; and (19) North 54 degrees 05 minutes 16 scconds East a distance 01'62.52 feet to a