HomeMy WebLinkAbout08-47577'1068- tf7S7n'I LYJ ~e.._.
STIPULATION AGAINST LIENS
KNOW ALL MEN BY THESE PRESENTS, THAT:
~ WHEREAS, Minnich's Custom Built Homes, (hereinafter called "Contractor"), has
executed an agreement ("Contract") to erect, construct, alter or repair improvements (the "Work")
upon the property ("Property") of Paul Weiler and Kim Weiler, (hereinafter called ("Owner")
~ocated in Cumberland County, Pennsylvania, being known as Lot No. 4, (the Pro bein
P~3' g
:.lore particularly described in Exhibit "A" annexed hereto).
WHEREAS, as part of the Contract, Contractor agreed that no lien shall be filed against
the Property or any building or improvements thereon by itself or by any subcontractor or
materialman or any other person furnishing labor or materials under the Contract, and agreed to
execute and deliver a Waiver of Liens for filing.
NOW, THEREFORE, in consideration of the execution of the Contract, Contractor,
intending to be legally bound hereby, for Contractor, for all subcontractors of Contractor, and for
all parties acting for, through or under Contractor or any subcontractor, covenants and agrees that
no mechanics' lien or claim shall be filed or maintained by Contractor or any such subcontractor
or party, against any part of the Property or any building or improvements thereon, for or on
account of any labor or materials furnished or any work done under the Contract, or in or about
the erection, construction, installation or completion of the work; and Contractor, for Contractor,
for any and all subcontractors and for any and all parties acting for, through or under Contractor
or any subcontractor, hereby waives and relinquishes the right to have, file or maintain any
mechanics' lien or claim against any part of the Property or any building or improvements
thereon.
Contractor hereby warrants and represents that at the time of the execution hereof, no
work of any kind has been done and no labor or materials have been furnished by Contractor, or
by any subcontractor of Contractor, or by any person acting for, through or under Contractor or
any subcontractor in the performance of the Contract, in or about the completion of the
construction of the Work.
This Waiver is made by Contractor and intended to be filed in accordance with the
requirements of the (Pennsylvania) Mechanics' Lien Law of 1963, as amended and
supplemented, with the Prothonotary of the Court of Common Pleas of the County in which the
Property is located.
Each of the terms, provisions, covenants and conditions of this Waiver shall, as the case
maybe, be binding upon and inure to the benefit of Owner, Contractor, each subcontractor of
Contractor, and each party acting for, through or under contractor or such subcontractor, and the
respective heirs, executors, administrators, successors and assigns of each and any of them.
IN WITNESS WHEREOF, Contractor and Owner have duly executed this instrument as
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of the ~ day of ~1~ \ , 2008.
Mi 'ch's Custom Built Homes_
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By: ;,
("Contractor'
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EXHIBIT "A"
ALL that certain tract of land situate in Southampton Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows:
BEGINNING for a point at an existing railroad spike on the center line of Ridge Road at
lands now or formerly of Hazold L. Wilson; thence along said Ridge Road the following two
courses and distances: 1) South 33 degrees 47 minutes 37 seconds West, 231.29 feet to an
existing railroad spike; thence 2) South 33 degrees O1 minute 35 seconds West, 150.33 feet to a
point at Lot No. 3 of the hereinafter referenced subdivision plan; thence along same North 40
degrees 20 minutes 25 seconds West, 363.82 feet to an existing iron pin at lands now or formerly
of Hazold L. Wilson; thence along same the following four courses and distances: 1) North 51
degrees 15 minutes 35 seconds East, 380.01 feet to an existing iron pin; thence 2) South 41
degrees 53 minutes 10 seconds East, 198.88 feet to an existing iron pin; thence 3) by a curve to
the right whose radius is 20 feet and whose long chord bearing is South 3 degrees 6 minutes 50
seconds West, 28.28 feet for an arc distance of 31.42 feet to an existing iron pin; thence 4) South
41 degrees 53 minutes 09 seconds East, 27.62 feet to a point on the centerline of Ridge Road the
point and place of BEGINNING. CONTAINING 2.6455 acres and identified as Lot No. 4 on a
plan of lots prepazed by Eric F.L. Diffenbaugh, Professional Land Surveyor on January 7, 2003
as revised on February 26, 2003. Said plan is recorded in the Recorder of Deeds Office in and
for Cumberland County, Pennsylvania in Plan Book 87, Page 33A.
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