HomeMy WebLinkAbout03-1744IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GERALD R. LEAHY, JR., and KAREN L.
LEAHY, husband and wife,
Owners
and
CUMBERLAND MASONRY, INC., a
Pennsylvania Corporation,
Contractor
Filed:
,2003
lTqq
PRAECIPE FOR INDEXING
TO THE PROTHONOTARY:
Please index this Stipulation Against and Waiver of Right to File Mechanics' Lien in the
names of the Owners, as Plaintiffs and Defendants, and cross-index the Stipulation Against and
Waiver of Right to File Mechanics' Lien in the name of the Contractor as Plaintiff and Defendant.
JOHNSTON & DI~XMOND
Suite 100, 150 Corporate Center Drive
Post Office Box 98
Camp Hill, Pennsylvania 17001-0098
(717) 975-5500
Dated:
Aphl 14,2003
Attorneys for Owners
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GERALD R. !.EAHY, JR., and KAREN L.
LEAHY, husband and wife,
Owners
and
CUMBERLAND MASONRY, INC., a
Pennsylvania Corporation,
Contractor
· Filed:
· No. O3-
,2003
STIPULATION AGAINST AND WAIVER
OF RIGHT TO FII,E MECHANICS' LIEN
WHEREAS, CUMBERLAND MASONRY, INC., a Pennsylvania corporation (hereinafter
the "Contractor"), with a business address at P.O. Box 678, New Cumberland, Pennsylvania 17070;
and GERALD R. LEAHY and KAREN L. LEAHY, husband and wife (hereinafter collectively the
"Owners"), entered into a certain Agreement dated March 21, 2003 (hereinafter the "Contract"), re-
lating to the performance by Contractor of certain construction work relating to the erection of a one-
story commercial shop and office building (hereinafter the "Improvements") on the real estate parcel
owned by Owners located at 123 Eighth Street, New Cumberland, Cumberland County, Pennsyl-
vania, with the Parcel Identification Number 26-24-0811-263 (hereinafter the "Premises"). The said
Premises are more fully described in "Exhibit A," which is incorporated herein by reference.
NOW, THEREFORE, in consideration of the execution and delivery of the Contract, and in
consideration of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt and suffi-
ciency of which are hereby acknowledged, and intending to be legally bound hereby, the Contractor,
for itself, and its agents, servants, stockholders, employees, representatives, assigns and successors,
and all such persons, and all subcontractors and other parties acting through or under Contractor,
does hereby covenant, promise and agree that no mechanics' lien or claim of any kind shall be filed
or maintained against the Improvements or the Premises, or any part or parts thereof, or the appurte-
nances thereto, by Contractor or by any subcontractors, materialmen, laborers or others, for work
done or for any tools, equipment, materials or supervision, or other services furnished under the Con-
tract or any subcontract or supplements thereto, written or oral, or by any other party acting through
or under them, or any of them, for and about the Improvements, the Premises, or any parts thereof, or
on credit thereof.
And this Stipulation Against and Waiver of Right to File Mechanics' Liens shall be an inde-
pendent covenant and shall operate and be effective as well with respect to work done and materials
and services furnished under any supplemental contract for extra work in connection with the con-
struction of the Improvements as to any work and labor done and material furnished under the Con-
tract.
And, in order to give Owners full power and authority to protect themselves and the Im-
provements and the Premises against any and all claims filed by the Contractor, or by any subcon-
tractor or anyone acting under or through the Contractor in violation of the foregoing covenant, Con-
tractor, for itself, and its agents, servants, stockholders, employees, representatives, assigns and suc-
cessors, and all such persons, hereby irrevocably authorizes and empowers any attorney of any Court
of Common Pleas of the Commonwealth of Pennsylvania, to appear for it, them, or any of them, and
in its or their name or names, to mark satisfied of any such mechanics' lien or claim, at the cost and
expense of the Contractor, or its agents, servants, stockholders, representatives, assigns and succes-
sors, against the Improvements or the Premises, or any parts thereof, and for such act or acts this
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shall be a good and sufficient warrant and authority, and a reference to the Court and to the docket in
which and where this instrument shall have been filed shall be a sufficient exhibit of the authority
herein contained to warrant such action, and the Contractor, for itself, its agents, servants, stockhold-
ers, representatives, assigns and successors, does hereby release all errors and defects whatsoever in
the entry of any such satisfaction or the exercise of the authority hereby conferred.
THIS WAIVER OF LIENS will be filed in the Office of the Prothonotary of Cumberland
County, Pennsylvania, pursuant to the provisions of the Act of August 24, 1963, P.L. 1175, No. 497,
as supplemented and amended, and the Prothonotary is required to index this Stipulation and Waiver
in the name of the Contractor, both as Defendant and as Plaintiff, and in the name of the Owners,
both as Defendants and as Plaintiffs, in accordance with the Mechanics' Lien Law of 1963, the Act
of August 24, 1963, as aforesaid, the receipt of such filing to be delivered to the Owners.
WITNESS the due execution hereof, with the intent to be legally bound, this l0 J-~l day of
/~"~[ I 1 ,2003.
Witness:
CUMBERLAND MASONRY, INC.
Print Name: 5~l~'Ti ~. ~4fltgTY/O. r l
Title: ~{[ml'Cll ~lLlq~4tl/~ ~,-~SiG/ffrl~- Title:
PrintName: ~"ot, tt0 7, V~ov/~o/f..
-3-
State of Pennsylvania
County of ~ 0[~
On this, thel~-~-,of 2003 beforeme th (~D~)O~'§lqrl, e6[.-;'~q.~
, , , e unaersigned~iccr,.perspnally ap-
peared ~'~f-I ~.~ 0tY)lJl0Jqwho acknowledged himself to be the ~[~>1~
of CUMBERLAND MASONRY, INC., a Pennsylvania Corporation, and acknowle~lged that he/she,
in such capacity, being authorized to do so, executed the foregoing Stipulation Against and Waiver
of Right to File Mechanics' Liens for the purposes therein contained by signing the name of the cor-
poration by himself/herself as such , and desired that the same might be
recorded as such.
IN WITNESS WHEREOF, I hereunder set my hand and Official Seal.
Notary l~blic
My Commission Expires:
Notarial Seal
Lynn T. Mickel, Notmy Public
Fai~ew Twp., York County
My Commission Ex, res October 5, 2006
"EXHIBIT A"
Property Description
~cl~~ ~;ounty,' ;-'ennsywania, more partmulmly bounded'and
Eii~E_~,G~ ~ _1~...237 and an unnumbered lot on the Plan of Lots known as Plan of
in and for
n~y ylv~a, in Deed Book '191, Volume $, Page' 498.
9-u~ a~ee~, reew cumoerlana. Pennsylvania, Unifl:m'n ~ #: 28-24-0811-