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HomeMy WebLinkAbout03-3687IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EDWARD k RYNEX, III and AMY E. RYNEX, Owners, VSo THE MCNAUGHTON COMPANY and - MCNAUGHTON HOMES, a division of THE MCNAUGHTON COMPANY Contractors No. bS- STIPULATION AGAINST LIENS THIS STIPULATION is made this 25th day of July, 2003 between Edward L. Rynex, III and Amy E. Rynex ("Owner"), husband and wife, with an address at 1009 Drexel Hill Blvd, New Cumberland, PA 17070, and The McNaughton Company and McNAughton Homes, a division of The McNaughton Company ("Contractor"), with an address at 4400 Deer Path Road, Suite 201, Harrisburg, PA 17110. BACKGROUND A. Owner is the legal owner of certain real property located at 2159 Canterbury Drive, Mechanicsburg, PA 17055 and the improvements thereon, more particularly described in Exhibit "A" attached hereto (the "Property"), and having Uniform Tax Parcel No. 42-29-2458- 091. B. Owner and Contractor have entered into that certain Contract dated June 6, 2003, for the construction a new home on the Property or any addition thereto (the "Contract"). C. Contractor has covenanted, promised and agreed, and hereby covenants, promises and agrees, that no mechanic's or materialman's lien or claim shall be filed or maintained in the Property or any part thereof, either by itself or anyone else for or on account of any work, labor or materials supplied in the performance of the Contract, or under any supplemental contract for extra work, or in any other erection, construction, completion, or renovation of improvements to the Property. D. This Stipulation Against Liens is intended to benefit and protect Owner and its successors and assigns. WITNESSETH: In consideration of the above Background, herein incorporated by reference, and intending to be legally bound hereby, Owner and Contractor, for themselves and their respective representatives, successors and assigns, and others claiming by or under it or them, agree as follows: 1. The Contractor, for itself and anyone else acting or claiming to act through or under it, for and in consideration of the Contract and the considerations mentioned therein, does hereby waive and relinquish all right to file a mechanics' lien, claim or notice of intention to file any lien or claim, and does hereby covenant, and stipulate that no mechanics' lien or claim or other lien or claim of any kind whatsoever shail be filed or maintained against any improvements or the estate or title of Owner in the Property or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or any subcontractor, materialmen or laborers for work done or materials finnished under the Contract or by any other party acting through or under them or any of them for and about the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatsoever against Owner for any work done or labor or materials furnished under the Contract, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. This Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work to the Property as to any work and labor done and materials furnished under the Contract. 3. In order to give Owner full power and authority to protect itself and the Property against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear in any of the Courts of Common Pleas as Attorney for it and, in its name, to mark satisfied of record at the cost and expense of Contractor or any subcontractor or materialman, any and all claim or claims, lien or liens, filed by or for the Contractor, or any subcontractor or materialman, or in its or their name against said building or buildings, or other improvements, or any lot or lots of ground or any part thereof, and for such act or acts this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action; and does hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. 2 4. In the event that Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For purposes of this Agreement, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. 5. If any provision of this instrument shall be deemed by judicial determination or legislative action to be invalid or unenforceable, only such provision so declared invalid or unenforceable shall be affected, and all other provisions not inconsistent therewith or directly dependent thereon shall remain in full force and effect. 6. The execution and delivery of this instrument shall not be deemed to imply that any right to a lien otherwise exists in favor of Contractor. IN WITNESS WHEREOF, Owner and Contractor have hereunto executed this Stipulation Against Liens the day and year first above written. WITNESS/ATTEST: WITNESS/ATTEST: OWNER: CONTRACTOR: McNAUGHTON HOMES, A DIVISION OF THE McNAUQHTON COMPANY its: THE McNAUGHTON COMPANY Its:_ ALL that certain piece, parcel or lot of land situate in Upper Allen township, Cumberland County, Pennsylvania, and bounded an.d dqscribed as follo.w's: BEGINNING at a point on the W'estem right-of-way tine of Can.terbuty Drive (50.00 feet wide), said point being located at the Southeaste~ comer of Lot No. 61; then along said right-of-way line South 38 degrees 55 minutes 59,secdffds West, and through a 25.00 foot wide storm and sanitary sewer easement, for a distance'of 85.00 feet, to a point in line of other lands now or formerly of The McNaughton Company; then along said other lands of McNaughton, and along the centerline of said 25.00 foot wide storm and sanitary sewer easement, North 44 degrees 49 minutes 04 seconds West, for a distance of 1 }0.78 feet, to a point in line of other lands now or formerly of The McNaughton Company; then along said other lan.ds of McNaUghton, and through said 25.00 foot wide storm and sanitary sewer easement,.North 38 degrees 55 minutes 59 seconds East~ for a distance of 70.76 feet, to a point at the Southwestern comer of Lot No. 6 I; then along the Southern boundary line of Lot No. 61, South 51 degrees 04 minutes 01 second East, for a distance of 130.00 feet, to a point and the place of BEGINNING.