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HomeMy WebLinkAbout03-0484STIPULATION AGAINST LIENS The undersigned contractor furnishing services, labor or materials, known as H. L. WIKER AND SONS, INC., a corporation (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. MARE~AIN, 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 Exhibit A attached hereto and made a part hereof, or against any buildings or other improvements thereon or thereto (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 January 21,2003, 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' lien, 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 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 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 any and all such claims or liens to be discharged by any other instrument, pleading or proceeding permitted 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. 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 -'~ / ~ day of January, 2003. ATTEST: CONTRACTOR: H. L. WIKER AND SONS, INC. EXHIBIT A ALL THAT CERTAIN parcel of land situate in Silver Spring township, Cumberland County, Pennsylvania, being more particularly bounded and described in a certain deed dated March 15, 2001 from Janet K. Hess and Jane D. Hess, Co-Executrixes under the Last Will and Testament of Charles R. Hess; and Dorothy R. Hess, surviving spouse of Charles R. Hess, to Max D. Marbain recorded in Cumberland County Deed Book 241, Page 871. EXCEPTING AND RESERVING thereout and therefrom that certain parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, being known as Phase 3A of Evergreen, which parcel of land is more particularly depicted on the Final Subdivision Plan for the Evergreen Subdivision Phase 3A recorded in Cumberland County Plan Book 84, Page 86.