HomeMy WebLinkAbout03-37930 rnLD
STIPULATION AGAINST LIENS
The undersigned contractor furnishing services, labor or materials, known as
LEON E. WINTERMYER, INC. (the "Contractor") intending to be legally bound, and in
consideration of the sum of ONE AND NO/100 DOLLAR ($1.00) to it in hand paid by
OLD FIELD PARTNERSHIP, a Pennsylvania general partnership ("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 matedalmen's liens or claims shall be filed or maintained by it, them or
any of them, against the mai estate located in South Middleton Township, Cumberland
County, Pennsylvania, as described in Exhibit A attached hereto and made a part
hereof, or against any buildings or other improvements thereon or thereto (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 May 16,
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 itsel[, and for thern, 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 its name 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 work has
commenced on the Real Estate, that materials have been delivered to the Real Estate
and that labor has been furnished for the improvement of the Real Estate by the
undersigned and by the list of Contractor's subcontractors and materialmen attached
hereto as Exhibit B.
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The undersigned represents to Owner that the attached list of subcontractors
and materialmen represents all of the persons and/or entities with whom Contractor has
executed subcontracts and that each of the said subcontractors has agreed to the
terms of this stipulation as evidenced by releases and waivers of liens executed and
delivered to Contractor by the said subcontractors and materialmen.
The undersigned further agrees that it shall not enter into any additional
contracts with any persons or entities for work to be done upon or materials to be
delivered to the Real Estate which are within the scope of the principal contract
between Contractor and Owner for a period of ten (10) days following the recording of
this stipulation against liens.
This stipulation 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.
IN WITNESS WHE_R.~._OF, the undersigned has caused this instrument to be duly
executed as of the ~ ~' day of July, 2003.
ATTEST/WITNESS:
CONTRACTOR:
LEON E, WiNTERMYER, INC.
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EXHIBIT A
ALL THAT CERTAIN parcel of real estate located in South
Middleton Township, Cumberland County, Pennsylvania, as
depicted on the Final Subdivision Plan for Summerfield
Phase 2 recorded in Cumberland County Plan Book 87,
Page 49 (the "Plan"), the metes and bounds description for
which is incorporated herein by reference to the said Plan.
EXHIBIT B
LIST OF SUBCONTRACTORS
AND MATERIALMEN