HomeMy WebLinkAbout01-05299STEVEN J. WEINGARTEN and
MARY ANN S. WEINGARTEN, Husband
and Wife,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Owner-Plaintiff
v.
ROGER L. RUSSELL
MECHANICS' LIEN
NO. o~_'Ja~j
Contractor-Defendant
STIPULATION AGAINST LIENS
The undersigned contractor, materialman or other entity or person famishing services, labor or
materials, lmown as ROGER L. RUSSELL, an individual (the "Contractor") intending to be legally
bound, and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) to it in hand paid by
STEVEN J. WEINGARTEN and MARY ANN S. WEINGARTEN ("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 Schedule "A", attached
hereto and made a part hereof, or against any buildings or other improvements thereon (jointly and
severally, the "Real Estate"), for or on account of any work tovb~e d~~ne gr materials furnished under the
principal contract between Owner and Contractor, dated _SY~, 2001, 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 safisfied 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 their name(s) 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 sfipulation 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.
WITNESS E OF, the undersigned has caused this instrument to be duly executed as of
the day of , 2001.
WITNESS:
~FU~~~
CONTRACTOR:
J ~ieC~ r
Roge~ ell
Any and all properties owned by Owner including but not limited to that certain tract or
parcel of land (and improvements located thereon) situate in North Newton Township,
Cumberland County, Pennsylvania, known and numbered as 26 Worthington Road, Newville,
Pennsylvania, being more particulazly described in (and being the same premises which were
conveyed to Owner by) that certain Deed dated July 6, 1990 and recorded in the Office of the
Recorder of Deeds in and for Cumberland County in Deed Book R-34, Page 283.
SCHEDULE"A"
:.~.
~ O
y
~ ~ ~Q
~ m
f~
W
C
~•
A
.~
p
y
4a
-~ ~~...
O
n Q-
~l
A_
?~
N
c's ~
C i
~ S/) ~
"qJ _
~
~.'
.
U <' O `'
,~ `T` '.., ~,
~ C7 ...a"y ~
"7
<
T
~~ ~ ~
U 7~
~
CJ"i -
G