HomeMy WebLinkAbout09-5771II
Max D. Marbain and IN THE COURT OF COMMON PLEAS,
Marbain Associates, Ltd., CUMBERLAND COUNTY
Owner/Plaintiff
V.
MECHANICS' LIEN DOCKET
JVH Excavating, Inc.. NO. QCj , 577[ /q4Z
Contractor/Defendant
STIPULATION AGAINST LIENS
The undersigned contractor furnishing 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 MAX D. MARBAIN and MARBAIN ASSOCIATES, LTD., a
Pennsylvania limited partnership (together "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 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,
the Proposal for which was dated August 13, 2009, the said Proposal having been
submitted by Contractor to Owner and accepted by Owner on August 17, 2009, 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 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 no work 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.
IN WI_IESS WHEREOF, the undersigned has executed this instrument as of
this t7 _ day of August, 2009.
ATTEST/WITNESS:
CONTRACTOR:
JVH EXCAVATING-INC.
Bye V- -
Name:
Title: l?7?
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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 II PHASE 5, THE FINAL
SUBDIVISION PLAN FOR WHICH IS DATED FEBRUARY 12, 2009,
AS REVISED AND RECORDED IN THE OFFICE OF THE
CUMBERLAND COUNTY RECORDER OF DEEDS TO
INSTRUMENT NO. 200919254.
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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