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Home My WebLink About03-6024STIPULATION AGAINST LIENS The undersigned contractor furnishing services, labor or materials, known as MARBAIN ASSOCIATES, L.L.P., a Pennsylvania limited liability partnership (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 MAX D. MARBAIN, an adult individual ("Owne?'), equitable owner of the Real Estate (as hereinafter defined) pursuant to a certain Agreement of Sale dated March 22, 2002 with the record owner of such Real Estate, OLD FIELD PARTNERSHIP, a Pennsylvania general partnership ("Record Owne?') (the "Agreemen¢'), a memorandum of which Agreement is recorded in Cumberland County Miscellaneous Book 685, Page 4020, 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 infrastructure, 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 March 22, 2002, 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, matedalmen, 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 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 Schedule B. 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. _WI~_~NESS WHEREOF, the undersigned has executed this instrument as of thet Z' '"-- day of November, 2003. WITNESS: CONTRACTOR: MARBAIN ASSOCIATES, L.L.P. Max D. Marbain, Managing Partner -2- SCHEDULE A THE REAL ESTATE ALL THAT CERTAIN tract of land situated in the Township of South Middleton, County' of Cumberland and Commonwealth of Pennsylvania, more partieu}arfy bounded and described as follows: BEGINNING at a point at the intersection of the center lines of Rockledge Drive (T478) and Marsh Drive (T-479); THENCE along the center line of said Rockledge Drive (T-478), the foIlowing six (6) courses and distances: (1) North 40 degrees 3t3 minutes 39 seconds East, a distance of 573.72 feet to a point; (2) on a curve to the left having a radius of 420.26 feet, an arc distance of 177.69 feet tn a point; (3) North 16 degrees 41 minutes East, a distance of 227.09 feet to a point; (4) North 16 degrees I1 minutes 14 seconds East, a distance of 200 feet to a point; (5) North I5 degrees 58 minutes 53 seconds East, a distance of 231.76 feet to a point; and (6) North 16 degrees 57 minutes 9 seconds East, a distance of 159.78 feet to a point in the same; THENCE crossing through said Rockledge Drive, North 72 degrees 27 minutes t 6 seconds West, a distance of 30 feet tea point at the beginning of a curved corner forming the southwest corner of the intersection of Rockiedge Drive (T-478) and Well House Lane; THENCE along a curve to the left having a radius of 23.97 feet, an arc distance of 43.95 feet to a point on the southern dedicated right-of-way line of Well House Lane; THENCE along said southern dedicated right-of-way line of Well House Lane, North g8 degrees 45 minutes 35 seconds West, a distance of 469.23 feet to a point; THENCE along the western end of said Well House Lane and along lands of South Middleton Township Municipal Authority, North 1 degree 14 minutes 25 seconds East, a distance of 194.86 feet [o a point; THENCE along lands of Paul A, Niesley? North 88 degrees 45 m~nutes 35 seconds West, a distance of L011.37 feet to a point; THENCE along lands now or formerly of John G. Haffield et ux, the following three (3) courses and distances: (1) South 58 degrees 56 minutes 37 seconds West, a distance of 875.06 feet to a point; (2) South 58 degre~ 28 minutes 47 seconds West, a distance of 924.95 feet to a point; and (3) South I degree 41 minutes 41 seconds West, a distance of 666 feet to a point; THENCE along lands now or formerly of Ruth V. Jumper, South 88 degrees 59 minutes 16 seconds East, a distance of 2,394.38 feet to a point in Rocldedge Drive (T-478); THENCE in said Rockledge Drive, South 89 degrees 10 minutes 20 seconds East, a distance of 5 feet *o a point at the intersection of the center lines of said Rockledge Drive (T-478) and Marsh Drive (T-479), th e place of BEGINNING. CONTAINING ~;7,272 acres. BEI~ ;the san2~ premises which Max D. Marbain, Agent, by deed dated May ~ i, 1990 and recorded in Cumberland County Deed Book O, VolUme 34, Page 246, granted and conveyed unto Old Field PartnersbSp, a Pennsylvania general partnership, comprised of Max D. Marbain and The Homestead Group, Inc., Co-partners. EXCEPTING AND RESERVING THEREOUT AND THEREFROM the following adverse conveyances by (1) Deed to Mervin S. D~umma and Ruth E. Thumma, husband and wife, dated May 11, 1990 and recorded in Cumberland County Deed Book T, Volume 35, Page 75; (2) Deed to East Gate Seniors Associates, L.P. dated November 13, 2000 and recorded in Cumberland County Deed Book 233, Page 944; (3) Deed to South Middleton Township Municipal Author/ty dated June 4, 2001 and recorded in. Cumberland County Deed Book 246, Page 788; and (4) Deed to Cumberland Senior Housing Associates, a Pennsylvania non-profit corporation, dated February 7, 2002 and recorded in Cumberland County Deed Book 250, Page 1624. UNDER AND SUBJECT to a certain Agreement of Sale dated March 22, 2002 between Old Field Partnership and Max D. Marbain, a memorandum of which is recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book ~c~ , Page _tlt0~,O . FURTHER UNDER AND SUBJECT to all easements, restrictions, encumbrances and other matters of record or that a physical inspection or survey of the above described premises would reveal. SCHEDULE B LIST OF SUBCONTRACTORS AND MATERIALMEN Barry Garman, Plumbing Benedict Electdc Benkowitsch & Sons, Inc., Countertops Buck's Drywall Darren Shope, Framing Don Kitner Landscaping Faw Heating & Air Conditioning Hardy Roofing Kramer's Pro-Tile & Marble Larue Hoffman, Painting M-Brothers Conslruction, Framing Mike Weller, Trim Carpentry R.J. Potteiger Construction Services, Inc. Robert Shields, Siding David Stauffer, masonry Schlusser's Paving, Inc. Tad Taylor, Framing Westbrook Excavating, Inc, r;