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HomeMy WebLinkAbout08-6330 r STIPULATIONS AGAINST LIENS Jane Snurr In the Court of Common Owner Pleas County of Cumberland County versus C & C ReekhmUl Builders, Inc. Contractor WHEREAS, Jane Snurr, Owner, of Mechanicsburg, Cumberland County, Pennsylvania, is about to execute contemporaneously herewith, a contract, with C & C Residential Builders, Inc. of Mechanicsburg, Cumberland County, Pennsylvania for the erection of an addition to a two story residential building upon a lot of land situate at described on Exhibit "A", attached hereto and made a part hereof; and, WHEREAS, Jane Snuff is the owner of said land, and has employed C & C Residential Builders, Inc. of Mechanicsburg, Pennsylvania as Contactor for the construction of the project. NOW, THEREFORE, Contractor, intending to be legally bound hereby, does hereby, for Contractor and any and all Subcontractors, materialmen and parties acting for Contractor and parties acting for, through or under Contractor, them or any of them, convenant and agree with Owner that no mechanics' liens or claims shall be filed or maintained by Contractor, them or any of them, against the above described real estate, or any building to be erected thereon, or any of them, for or on account of any work done or materials furnished under said agreement or under any Subcontract or any supplemental contract, verbal or written, or contract for extra work in or about the erection, construction and completion of said project of any of them or otherwise; and Contractor, for Contractor and any and all Subcontractors, materialmen and parties acting through or under Contractor, them or any of them, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against said real estate or building or any of them. This Agreement waiving the right of lien shall be an independent convenant and shall operate and be effective as well with respect to work done and materials famished under any supplemental contract for extra work in the erection, construction and completion of the said real estate development project as to any work and labor done and materials furnished under the said agreement. In order to give Owner full power and authority to project the said real estate and building or any of them against any and all mechanics' liens or claims filed by Contractor or anyone acting for, through or under Contractor or in violation of this Agreement, Contractor for himself, itself and all such aforesaid Subcontractors, materialmen and parties acting for, through or under Contractor, hereby irrevocably authorizes and empowers any attorney of any other Court of Common Pleas of the Commonwealth of Pennsylvania or any attorney of any other court or jurisdiction there or elsewhere, to appear in any of said courts or jurisdictions for Contractor, them or any of them, and mark satisfied of record, at the cost and expense of Contractor, or any such Subcontractor, materialmen or other party, any and all claim or claims, lien or liens, filed by or for Contractor, them or any of them, or in his, its or their name against the said real estate, building, or any part thereof, and, for such acts this shall be a good and sufficient warrant and authority, and a reference to the Court, term and number or place in which this Agreement and Stipulation shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action; and Contractor, for himself and all such parties, does hereby remise, release and quitclaim unto Owner and his and each of his certain attorney or attorneys any and all manner of error and errors, defects and imperfections whatsoever in entering such satisfaction or anywise touching or concerning the same: This Agreement and Stipulation is made and intended to be filed with the Prothontary of the Court of Common Pleas of Cumberland County, within ten days after date hereof in accordance with the requirements of law in such case provided. It is expressly understood that the foregoing Stipulation and all of the provisions and remedies herein contained shall be available to and for the protection of the Owner and his respective heirs, administrators, executors, representatives and assigns. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some of any of them. For the purpose of this Agreement and Stipulation, the singular shall be deemed to include the plural, and the neuter shall be deemed to included the masculine and feminine, as the context may require. NOW, 2008, at the time of and immediately before the execution of the principle contract, and before any authority has been given by the said Jane Snuff to the said C & C Residential Builders, Inc. to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Jane Snuff and the further consideration of One Dollar, to C & C Residential Builders, Inc. paid by Jane Snurr it is agreed that no lien shall be filed against the building by the Contractor, or any Subcontractor, nor by any of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens are expressly waived. IN WITNESS WHEREOF, Contractor with intent to be I %ally nd hereby, has hereunto signed and sealed these presents this o day of , 20 0zZ (SEAL) Title P. STATE OF i A CO A(-Y On . 2.rJ,2s'S before me,?2 personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS r0Y hand and official Signatu T/K--?- Affiant: Known Unknown ID Produced `w CQ KC-9. COMMONYMALTH OF PENNSYLVANIA (Seal) Notaft :Ica' Kell L. Bender. Nnwa Pubic Carroll TwW%. York CoUlty My Oomrr knio E mm Marti 22, 2011 Member, Pannsoanta Association of Notaries u rr , ? v - ?1' ,1_4, 330 EXHIBIT A DEED DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Southern Line of Charles Street, at the dividing line between Lots No. 87 and 88 on the hereinafter mentioned plan of lots: thence by the dividing line between Lots No. 87 and 88, in a southeasterly direction one hundred thirty and six one-hundredths (130.06) feet to a point on lands of the Shelly Estate: thence by lands of the Shelly Estate, South 67 degrees 13 minutes West, one hundred one and eighteen one-hundredths (101.18) feet to a pipe: thence by lands of Wilbur Fought, North 14 degrees 22 minutes West, one hundred thirty and seven tenths (130.7) feet to a stake on the Southem line of Charles Street: thence by the Southern line of Charles Street, North 66 degrees 43 minutes East, eighty and nin? one-hundredths (80.92) feet to a point, the place of BEGINNING.