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HomeMy WebLinkAbout03-3447ANDREW LEVY and ANDREA LEVY, Owner-Plaintiff J.W. MUMPER CONSTRUCTION, INC. Contractor-Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MECHANICS' LiEN No. STIPULATION AGAINST LiENS The undersigned contractor, materialman or other entity or person furnishing services, labor or materials, known as J.W. MUMPER CONSTRUCTION, INC., a Pennsylvania corporation (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 ANDREW LEVY AND ANDREA LEVY ("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 to be done or materials furnished under the principal contract between Owner and Contractor, dated July 18, 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 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 Stipulation is made and intended to be filed with the Dauphin 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 18th day of July, 2003. WITNESS: CONTRACTOR: J.W. MUMPER CONSTRUCTION, INC. (LEGAL DESCRIPTION) SCHEDULE A ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastem right-of-way line of the cul-de-sac of Petersburg Court, at the southernmost comer of Lot No. 58 on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Lot No. 58, North 49 degrees 43 minutes 28 seconds East, a distance of 370.75 feet to a point at the southernmost comer of Lot No. 62 on the hereinafter described Final Subdivision Plan; THENCE along land of Rich Valley Manor, South 13 degrees 43 minutes 36 seconds West, a distance of 346.37 feet to a point at the northeast comer of Lot 56 on the hereinafter described Final Subdivision Plan; THENCE along the northern line of said Lot No. 56, North 82 degrees 34 minutes 49 seconds West, a distance of 180.64 feet to a point on the eastern right-of-way line of the cul-de-sac of Petersburg Court; THENCE along the eastern right-of-way line of the cul-de-sac of Petersburg Court by a curve to the left, having a radius of 95.00 feet, an arc length of 78.81 feet, a chord beating of North 16 degrees 20 minutes 42 seconds West, and a chord distance of 76.57 feet to a point at the southernmost comer of Lot No. 58 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. CONTAINING 43,653 square feet, more or less. BEING Lot No. 57, Final Subdivision Plan for Hillside Farms - Phase III & IV, dated November 15, 2000, last revised May 24, 2002, recorded in the Office of the Recorder of Deeds in Cumberland County in Plan Book 87, Page 23. UNDER AND SUBJECT to the Third Amendment and Supplement to Declaration of Covenants and Restrictions applicable to Hillside Farms, dated July __, 2003, recorded in the Office of the Recorder of Deeds of Cumberland County, in Misc. Book , Page , pursuant to which Declaration of Covenants and Restrictions applicable to Hillside Farms, dated August 30, 1996, recorded in the office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 529, Page 333, as amended by the Amendment to Declaration of Covenants and Restrictions, dated September 30, 1997, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 562, Page 52 and by the Second Amendment and Supplement to Declaration of Covenants and Restrictions applicable to Hillside Farms, dated June 29, 2000, recorded in the Office of the Recorder of Deeds of Cumberland County, in Misc. Book 648, Page 702, and the Bylaws of Hillside Farms Homeowners' Association, Inc., dated August 30, 1996, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 529, Page 354, were made applicable to the real estate within the above referenced Final Subdivision Plan. BEING PART OF THE SAME PREMISES which Violet M. Keck, widow, by her deed dated August 6, 1987, recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book "V", Voiume 32, Page 1024, granted and conveyed unto James G. Mumper, Jr., Grantor herein. SCHEDULE A