HomeMy WebLinkAbout08-5496r"_ . -a
Old Field Partnership,
Owner/Plaintiff
v.
JVH Excavating, Inc..
Contractor/Defendant
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY
MECHANICS' LIEN DOCKET
NO.
~" 5~9~
STIPULATION AGAINST LIENS
~ ~~
The undersigned contractor famishing services, labor or materials, known as
JVH EXCAVATING, INC., a Pennsylvania corporation (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 and sufficiency of which are hereby acknowledged, for itself and
any subcontractors, materialmen, laborers or anyone else acting through or under it,
covenants and agrees that no mechanics or materiaimen'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, the Proposal for which was dated July 29, 2008, the said
Proposal having been submitted by Contractor to Owner and accepted by Owner on
September IS,~., 2008, 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 amend ~ t to
any pleading or instrument previously filed by it or them, to incorporate therein as~~# 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 ail 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 has
commenced on the Reai 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.
IN V1~~NESS WHEREOF, the undersigned has executed this instrument as of
this )(o day of September, 2008.
ATTEST/WITNESS: CONTRACTOR:
JVH EXCAVATING INC.
By
Name: ~ ~y ~, I L~E~
Title: ~ ~_ ~ ~ ~ ~~
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SCHEDULE A
THE REAL ESTATE
ALL THAT CERTAIN PARCEL OF LAND SITUATE IN SOUTH
MIDDLETON TOWNSHIP, CUMBERLAND COUNTY,
PENNSYLVANIA, COMMONLY KNOWN AS SUMMERFIELD
PHASE 6, THE FINAL SUBDIVISION PLAN FOR WHICH IS DATED
JANUARY 25, 2008 AND RECORDED IN THE OFFICE OF THE
CUMBERLAND COUNTY RECORDER OF DEEDS TO
INSTRUMENT NO. 200818313.
BEING PART OF THE PROPERTY MORE PARTICULARLY
DESCRIBED IN A CERTAIN DEED DATED MAY 11, 1990 AND
RECORDED IN CUMBERLAND COUNTY DEED BOOK 0,
VOLUME 34, PAGE 246, FROM MAX D. MARBAIN TO OLD FIELD
PARTNERSHIP, OWNER HEREIN.
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