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Home My WebLink About00-06127 ,~<"-"' " . > ~- ;-, -" _ _ ~ ,_ u,' ; __,,,: - ;~ JEFFREY S. STOKES and, LISA K. STOKES, husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Owner/Plaintiff/Defendant v. FARINELLI CONSTRUCTION, INC., Contractor/Defendant/Plaintiff NO. t/:} - tp/d) /flt-O CONTRACTOR'S WAIVER OF AND STIPULATION AGAINST LIENS THIS Stipulation is made and is effective this ~ day of ~h~ , 2000, by and between Jeffrey S. Stokes i ,j IJ i.i [, I'~ "! 1'1 ,I -'i Ii ]i II 'I I I I and Lisa K. Stokes, husband and wife, and their respective heirs, personal representatives, and assigns ("Owner"); and Farinelli Construction, Inc., a Pennsylvania corporation having offices in Upper Allen Township, Cumberland County, Pennsylvania ("Contractor") . BACKGROUND A. By a duly executed written construction agreement dated July 13, 2000 ("the Contract"), Owner and Contractor have contracted for Contractor's erection, construction, alteration, renovation, repair, and completion of a residence --,- _,__I. --'''-..c., -""-, ("Improvements") to Owner's real property located in Upper Allen Township, Cumberland County, PA, which property is more particularly described in the attached Exhibit "A" ("the Property") . B. Contractor is a contractor within the meaning of The Pennsylvania Mechanics' Lien Law of 1963, 49 P.B. ~~1101 at sea., and hereby enters into this Stipulation based on the following: TERMS, CONDITIONS, AND COVENANTS 1. Waiver of and Stipulation Aqainst Liens. For himself and anyone else acting or claiming through or under him, and for and in consideration of the Contract and this Stipulation, Contractor hereby waives and releases all rights to file a mechanic's lien, claim, or notice of intention to file any lien or claim. Contractor further agrees that no mechanic's lien or claim or any other lien or claim shall be filed or maintained against the Improvements, the Property, or Owner's title, by or in the name of Contractor or any subcontractor, materialman, or laborer for work done or materials furnished under the Contract, or by any other party acting through or under them. 2 _or -.'. . 2. Supplemental Contracts. This Stipulation waiving and releasing the right of lien shall be an independent covenant and shall also operate and be effective with respect to work and labor done and materials furnished under any supplemental contract ("Supplemental Contract"), including extra work or change orders in connection with the erection, construction, alteration, renovation, repair, and completion of the Improvements. 3. Contractor's Obliaation to Pay Subcontractors' Claims. Contractor further agrees that all subcontractors, materialmen, and laborers working on the Improvements shall look solely to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor performed, so that there shall not be any legal or equitable claim against Owner for any work or labor done or materials furnished under the Contract or any Supplemental Contract. 4. Contractor's Indemnification. To the maximum extent permitted by law, Contractor agrees to hold harmless, defend, and indemnify Owner from and against all known and unknown claims, liens, encumbrances, suits, demands, actual damages, punitive damages, treble damages, fines, losses, 3 I " - . - - ,,"." expenses, liabilities, interest, attorneys' fees and costs (including any such fees and costs incurred by Owner in enforcing this indemnity) resulting from or in any way related to any labor and materials furnished by any party (including Contractor and any subcontractor, laborer, and materialman) in connection with the Improvements to the Property under the Contract or any Supplemental Contract. 5. No Commencement of Work. Contractor acknowledges and agrees that this Stipulation has been duly entered into by the parties and has been filed with the Cumberland County Prothonotary's Office before Contractor has given authority to any person or entity to commence work on the Improvements to the Property. 6. Miscellaneous. (a) Assiqnabilitv. Contractor shall not assign or transfer any rights or obligations under this Stipulation without Owner's express written consent; (b) Governinq Law; Parties in Interest. This Stipulation shall be governed by Pennsylvania law, and shall bind and inure to the benefit of the parties and their respective 4 :,--,--, ~ -,-" ''iiiI'J heirs, personal representatives, successors, and permitted assigns; and (c) Entire Aqreement. This Stipulation (and the Contract and any Supplemental Contract) contain all of the promises, agreements, and provisions between the parties with respect to the subject matter hereof, and supersede all prior promises, agreements, and provisions, both express or implied, oral or written. IN WITNESS WHEREOF, and intending to be legally bound hereby, Owner and Contractor have executed this Stipulation on the day, month, and year first written above. WITNESS: OWNER: 6~~ ._~ ~~ . --- "-.... By : dt!sE~ ATTEST/WITNESS: CONTRACTOR: (I O-/lA~~ By: nJ\k Donald Farinelli, President 5 -,- _.c,- '. " ,~ ~-- - ~ --"'". '-illii1; ALL THAT CERTAIN piece or parcel of land situate in upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern dedicated right- of-way line of South View Drive, said point being on the dividing line between Lots Nos. 70 and 71 on the hereinafter mentioned Plan of Lots; thence continuing along said boundary line North 47 deg~ees 27 minutes 21 seconds West, one hundred eighty and zero one-hundredths (180.00) feet to a point; thence North 42 degrees 32 minutes 39 seconds East, one hundred sixty and zero one- hundredths (160.00) feet; thence South 47 degrees 27 minutes 21 seconds East, one hundred eighty and zero one-hundredths (180.00) feet to a point on the northern dedicated right-of-way line of South View Drive; thence continuing along same South 42 degrees 32 minutes 39 seconds West, one hundred sixty and zero one- hundredths (160.00) feet to a point on the dividing line between Lots Nos 70 and 71 on the hereinafter mentioned Plan of Lots, the place of BEGINNING. BEING Lot No. 70, in Section II - phase IV, Final Subdivision Plan of Meadowview Estates, said Plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 78, Page 147. BEING part of the same premises which John M. Knaub by deed dated June 24, 1996 and recorded June 26, 1996 in the Cumberland County Recorder of Deeds Office in Deed Book 141, Page 644, granted and conveyed unto Cindy L. Arnold and Mark A. Knaub, a general partnership, the Grantors herein. UNDER AND SUBJECT, NEVERTHELESS, to the Declaration of Restrictive Covenants dated May 25, 1999 and recorded on May 28, 1999 in the Cumberland County Recorder of Deeds Office in Miscellaneous Book 614, Page 314. EXHIBIT "Au -ij~(~' ~~'~l\ls?.>!~~J:!i!~:i!i~I~rwA'~ ,'-~ --"~ ...- '" ~- "-- o ~ ~ ~ , ~ \.. () C- ~~ -.,> '!)I~~ 1....:') C"o 0" ""- lv \ ;; ~!?; :/) 'I ~ .~{J ~ [;j ~'- f!:>,::~' I ~ '--,; ~ [ .~)::;: fit? ...,.., -, ~' ~ -- '.;" ~'::: -. 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