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HomeMy WebLinkAbout03-0548STIPULATION AGAINST AND WAIVER OF LIENS KNOW ALL BY THESE PRESENTS, that: BACKROUND Joseph Brett and Carrie Delone, married persons, ("Owner"), and Park Custom Homes, Inc. ("Contractor"), have entered into a construction agreement dated January 25, 2003 ("Contract") relating to the erection and construction of an addition to a residential dwelling know as 320 North 25th Street. Camp Hill, PA 17011 described in Contract hereof which is attached hereto and incorporated herein by reference, as part of the consideration for which agreement this Waiver of Liens is given: AGREEMENT NOW, THEREFORE, Contractor, intending to be legally bound hereby, in consideration of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt and sufficiency of which are hereby acknowledged, as well as for and in consideration of the entry by Owner into the Contract, does hereby, for Contractor and any and all subcontractors, materialmen and parties acting for, through or under Contractor, or any of them or anyone, covenant and agree with Owner that no mechanics' liens or claims shall be filed or maintained by Contractor, and any and all subcontractors, materialmen and parties acting for, through or under Contractor or any of them, or any one, against the above-described real estate, or buildings or other improvements erected or to be erected thereon, or any of them, or estate (including a leasehold estate), interest or title thereto Owner, for or on account of any work done or materials furnished under Contract or under supplemental contract, verbal or written, or contract for extra work relating to the construction and completion of said buildings or other improvements, or any of them, or otherwise; and Contractor, for Contractor and any and all subcontractors, matedalmen and parties acting through or under Contractor, them or any of them, hereby expressly waives and relinquishes the right to have, file maintain any mechanics' liens or claims against said real estate or buildings or other improvements or any of them. Contractor hereby covenants, promises and agrees that all subcontractors, matedal suppliers, and laborers on the work shall look to and hold Contractor personally liable for all subcontractors, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner, or any other person with an estate (including a leasehold estate) in the above-described property, for any work done or labor or material furnished under the Contract or otherwise. · - endent covenant and shall operate . · · the right of I~en shall be an ~dd~aterials furnished under any ~-~,~ aereement waw~n.g. ....... ect to work done a comCetion of the said buildings 'a;~ b~ effective as well w~m ,~ construction and supplemental ~ntract for e~ra work in the or other improvements as to any work and labor done and materials furnished under this contract aforesaid, and hereof no work has been Contra~or hereby represents and warrants the prior to the date done and no materials have been furnished with regard to the construction which is the subject of the contra~ or with regard to any supplemental contract, verbal or written, or contract for e~ra work in or about the construction and completion of any buildings or other improvements on the above-described propeKy. . ct itself and themselves, the owner and any person having an estate in the above-described prope~y In order to give ..... ,~,~, full power and aut~t~r~ to be construc?d ..... ~ a lease~ola ~o.~.-., _ .,~=_~ or other tmp,u~ .... , ~--~ ~ed by the ~u,,-~. llncluu,,,u . ~ .... ~e~, the OUll~lll~g J bo e_descriOeo P'~"~' o a ainst any anu ~ v ....... annu~enant there~ , ~,_,~ ~ the foregoing t~e ca~a~ .r; .... thounh it i~ vIo~auu,, ~' anyone acbng un.e, ~. - ~ empowers any afforney of any Cou~ of Contractor hereby irrevocably authorizes and common pleas of the commonwealth of Pennsylvania, to appear as afforney for it, them or any of them, in any such Couff, and in its or their name or names, (a) to the extent permitted by law, to ma~ satisfied of record at the cost and expense of Contra~or or of any subcontractor, laborer or material supplier, any and all claims or liens filed in violation of the forgoing waiver and covenant, or (b) to ~use to be filed and se~ed in connection with such claims or liens (in name of Contra~or or any subcontractor, laborer or material supplier, or anyone else a~ing under or through it) any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, to incorporate therein, as pa~ of the record the waiver contained in this instrument, and for such act or a~s this instrument sh~ll be good and sufficient warrant and authority, and a reference to the couK, term and number which and where this Waiver of Liens shall have been flied shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for itself and for and any and all subcontra~ors, material men and pa~ies a~ing for, through or under Contractor, does hereby remise, release and quit-claim all rights and manner errors, defects and impedections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. This agreement and WaNer of Liens is made and intended to be flied with the Prothonota~ of the Cou~ of Common Pleas of the County of Dauphin, Commonwealth Pennsylvania, or other proper place in which the aboVe-described lands are located, within ten days after the date here for in accordance with the requirements of law in such case provided- Attached hereto and marked as Schedule A is a copy of the legal description for the property which is the subject of this stipulation and waiver. IN WHITNESS WHEREOF, Contractor has signed and sealed these presents this 31st day of January, 2003. Contractor: Park Custom Homes, Inc. Commonwealth of Pennsylvania ) ss. County Of4~l~ 4~r~[~o ) ) On this, the -~) day of January 2003 before me, the undersigned officer, personally appeared Don Park known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and being authorized to do so, executed the forgoing Waiver of Liens for the purposes therein contained by signing his name as set forth herein and desired that the same might be recorded as such. IN WHITNESS WHEREOF, I hereunder set my hand and official Seal. N~~otary Public ' ' ~-~'~[-'~tA' SEAL | lYNN £HRENFELD NOTARY PUBLIC l I LEMOYNE BORO ~UMBERLAND CO My Commission Expires: [_MY COMMISSION ~PIR£S AIIR 17 ALL THAT CERTAIN lot or tract o1' land situate in the Borough of Camp Hill, County o1' Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Locust Street, now known as North 25th Street, at the corner of lands now or late of George M. Border; thence by said lands South'84 degrees 30 minutes West 131.1 feet. more or less, to the lice of lands now or late of George Musser; thence by the same North 7 degrees 55 minutes West 125 feet to a point; thence by lands now or late of Murray D_ Ott and wife. North 84 degrees 30 minutes East 131,1 feet to Locust Street, known as North 25th Street; thence in a southerly direct/on along the western line of Locust Street. now known as North 25th Street, 125 feet to the point or place of BEGINNING HAVING THEREON ERECTED a two and one-half story brick dwelling house, known and numbered as 320 North 25th Street. BEING the same Premises which Scott F_ Fortes and Ruth P. ,Cones, his wife, by deed dated May 15, 1995, recorded May 15, 1995. in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. in Deed Book 122, Page 130, granted and conveyed unto J. Bret Delone and Ca.ia L. Delone. his Wife.