HomeMy WebLinkAbout07-4989.+
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STIPULATION AGAINST LIENS
The undersigned contractor furnishing services, labor or materials, known as
JVH EXCAVATING, INC., a Pennsylvania corporation (the "Contractor's intending to be
legally bound, and in consideration of the sum of ONE AND NOI100 DOLLAR ($1.00) to
it in hand paid by MAX D. MARBAIN, an adult individual, record owner, and MARBAIN
ASSOCIATES, LTD., a Pennsylvania limited partnership, equitable owner (together
"Owner"), the receipt whereof is hereby acknowledged, for itseff 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 infrastructure, buildings or
other improvements thereon (jointly and severally, the "Rea! Estate"), for or on account
of any work to be done or material mished under a certain subcontract dated
s / 2ao~ __, 2007etween Contractor and KIMBOB, tnc., a
P~~nia corporation (the "Subcontract"), KIMBOB, Inc. being the general
contractor under a certain principal contract between Owner and KIMBOB, INC., the Bid
Proposal for which principal contract was dated August 2, 2007 and accepted by Owner
August 14, 2007, 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 and/or the Subcontract. 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.
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The undersigned, for it, 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 itseff, 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 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 no work under the
Subcontract with KIMBOB, Inc. has commenced on the Real Estate, that no materials
have been delivered to the Real Estate and that no labor has been furnished for the
improvement of the Real Estate by the undersigned.
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, as amended.
IN WITLESS WHEREOF, the undersigned has executed this instrument as of
the /~ day of ~ ~s _ , 2007.
ATTEST/WITNESS:
.,
CONTRACTOR:
JVH EXCAVATING, INC.
By ~~ _
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SCHEDULE A
THE REAL ESTATE
ALL THAT CERTAIN parcel of land situate in Silver Spring Township, Cumberland
County, Pennsylvania, commonly known as EVERGREEN I1;
EXCEPTING AND RESERVING thereout and therefrom all that certain
parcel identified as Phase One on the Final Subdivision Plan for Phase
One Evergreen II prepared by Alpha Consulting Engineers, Inc. dated
October 13, 2003, as subsequently revised and recorded in
Cumberland County Plan Book 92, Page 29.
BEING part of the same premises which Barbara J. Enck, single person, by Deed
dated April 5, 2000 and recorded in Cumberland County Deed Book 218, Page 926,
granted and conveyed unto Max D. Marbain, record owner.
AND the said Max D. Marbain entered into a certain Agreement of Sale dated June 30,
2006, effective as of July 1, 2006 with Marbain Associates, Ltd., a memorandum of
which is recorded in Miscellaneous Book 728, Page 2316.
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