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Home My WebLink About04-3778STIPULATION AGAINST LIENS This Stipulation Against Liens (this "Stipulation") is made and given this 29th day of July, 2004, by Brian K. Hoy (trading and doing business as Brian K. Hoy Builders), having a mailing address of P.O. Box 127, Palmryra, Pennsylvania 17078-0125 and a street address at 50 (Rear) East Maple Street Palmryra, Pennsylvania 17078-0125 ("Contractor"), to and in favor of Loma M. Bittman, having an address at 5509 Moreland Court, Apt. 2, Mechanicsburg PA 17055 ("Owner"). Recitals A. Contractor is a contractor within the meaning of the Pennsylvania Mechanics' Lien Law of 1963. B. Owner and Contractor intend to enter into or have entered into a certain construction contract (the "Contract") respecting the performance by Contractor of certain work in connection with the construction of certain improvements and related work (the "Improvements") on Owner's property located upon a parcel of ground owned by Owner located at 481 Heisey Road, Mechanicsburg, PA 17055 in Cumberland County, Pennsylvania, as more particularly described as follows (the "Property"): ALL THAT CERTAIN TRACT OF LAND situate in the Township of Monroe, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a concrete monument on the easternmost dedicated right-of-way line of Heisey Road (T-560), said monument marking the common point of adjoiner of Lots #20-A and #20-B on the hereinafter mentioned plan of subdivision; thence extending in and along the easternmost dedicated right-of-way line of Heisey Road, North zero (00) degrees twenty-seven (27) minutes forty (40) seconds West, for a distance of one hundred fifty and fifty-five hundredths (150.55) feet to a steel pin at Lot #18; thence departing from the Heisey Road right-of-way and extending along Lot #18, North eighty-nine (89) degrees thirty- six (36) minutes fifty-five (55) seconds East, for a distance of one hundred ninety- nine and thirty-nine hundredths (199.39) feet to a steel pin at other lands now or formerly of Donald E. Deckman; thence extending along said land, South zero (00) degrees twenty-three (23) minutes five (5) seconds East, for a distance of one hundred fifty and fifty-five hundredths (150.55) feet to a steel pin at Lot #20-B; thence extending along Lot #20-B, South eighty-nine (89) degrees thirty-six (36) minutes fifty-five (55) seconds West, for a distance of one hundred ninety-nine and nineteen hundredths (199.19) feet to a concrete monument set on the easternmost dedicated right-of-way line of Heisey Road, said monument marking the place of BEGINNING. CONTAINING 30,002 square feet, and being identified as a compilation of Lot #19 of a plan of subdivision prepared for Donald E. Deckman by Rodney Lee -1- Decker & Associates, dated October 21, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 51, at page 140, and Lot #20-A in its entirety as set forth on an amended plan of subdivision dated January 14, 2004, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book __, at page BEING THE SAME PREMISES Donald E. Deckman and Marian R. Deckman, his wife, by their deed dated June 25, 2004 and recorded June 25, 2004 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania in Record Book 263 Page 3834, granted and conveyed unto Lorna M. Bittman. ALSO KNOWN AS 482 Heisey Road. C. Contractor has by the terms of the Contract and by this instrument and the promises contained herein, covenanted, promised, and agreed that no mechanics' or materialmen's liens shall be filed or maintained against the Improvements or the Property or the estate or title of Owner in the Improvements or the Property or any part thereof (including, without limitation, any leasehold estate), or the appurtenances thereto, either by himself or anyone else acting or claiming through or under him for or on account of any work, labor, or materials supplied in the performance of the work constituting the Improvements, or under any supplemental contract for extra work, or in the erection, construction or completion of the Improvements on the Property or any appurtenances thereto. NOW, THEREFORE, in consideration of the Contract and the covenants of Owner therein contained, and the above recitals (which constitute a material part if this Stipulation and are incorporated herein), and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Contractor, intending to be legally bound, covenants and agrees as follows: Stipulation and Agreement Contractor does hereby, for Contractor and any and all subcontractors, materialmen and parties acting for, through or under Contractor, them or any of them, or anyone, covenant and agree with Owner that no mechanics' liens or claims shall be filed or maintained by Contractor, them or any of them, or anyone, against the above-described real estate, or the Improvements erected or to be erected thereon, or any of them, or the estate (including a leasehold estate), interest or title thereto of Owner, for or on account of any work done or materials furnished under the Contract or under any supplemental contract, verbal or written, or contract for extra work relating to the construction, erection and completion of such Improvements, or 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 the Property or Improvements. -2- Contractor hereby covenants, promises and agrees that any and ail subcontractors, materiai suppliers, and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, materiais furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner, or any other person with an estate (including a leasehold estate) in the Property, for any work done or labor or materials furnished under the Contract or otherwise, and Contractor shall notify any and all such subcontractors, material suppliers, and laborers on the work of the existence and effect of this Stipulation. Contractor shall, further, indemnify and hold Owner harmless fi.om and against any and ail claims made against Owner by any such subcontractors, material suppliers, and laborers on the work. This agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the construction, erection and completion of the Improvements as to any work and labor done and materials furnished under the Contract aforesaid. Contractor hereby represents and warrants that prior to the date hereof no work has been done and no materials have been furnished with regard to the construction which is the subject of the Contract or with regard to any supplemental contract, verbal or written, or contract for extra work in or about the construction, erection and completion of the Improvements on the Property. This Stipulation may be filed with the Prothonotary of the Court of Common Pleas of the County of Cumberland, Commonweaith of Pennsylvania, or other proper place in which the Property is located, but the failure to file this Stipulation shail not affect its validity or the enforceability of any of its terms. IN ORDER TO GIVE OWNER AND ANY PERSON HAVING AN ESTATE IN THE ABOVE-DESCRIBED PROPERTY FULL POWER AND AUTHORITY TO PROTECT THEMSELVES, THE PROPERTY, THE IMPROVEMENTS, AND THE CURTILAGES APPURTENANT THERETO, AGAINST ANY AND ALL LIENS OR CLAIMS FILED BY CONTRACTOR OR ANYONE ACTING UNDER OR THROUGH CONTRACTOR IN VIOLATION OF THE FOREGOING COVENANT BY CONTRACTOR, CONTRACTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF COMMON PLEAS OF THE COMMONWEALTH OF PENNSYLVANIA, TO APPEAR AS ATTORNEY FOR CONTRACTOR, THEM, OR ANY OF THEM, IN ANY SUCH COURT, AND IN CONTRACTOR'S NAME, OR THEIR NAME OR NAMES, (A) TO THE EXTENT PERMITTED BY LAW, TO MARK SATISFIED OF RECORD AT THE COST AND EXPENSE OF CONTRACTOR OR OF ANY SUBCONTRACTOR, LABORER OR MATERIAL SUPPLIER, ANY AND ALL CLAIMS OR LIENS FILED IN VIOLATION OF THE FOREGOING WAIVER AND COVENANT, OR (B) TO CAUSE TO BE FILED AND SERVED IN CONNECTION WITH SUCH CLAIMS OR LIENS (IN THE NAME OF CONTRACTOR OR ANY SUBCONTRACTOR, LABORER OR MATERIAL SUPPLIER, OR ANYONE ELSE ACTING UNDER OR THROUGH CONTRACTOR) ANY PLEADING OR INSTRUMENT, OR ANY AMENDMENT TO ANY PLEADING OR INSTRUMENT PREVIOUSLY FILED BY HIM OR THEM, TO INCORPORATE THEREIN, AS PART OF -3- THE RECORD THE WAIVER CONTAINED IN THIS INSTRUMENT, AND FOR SUCH ACT OR ACTS THIS INSTRUMENT SHALL BE GOOD AND SUFFICIENT WARRANT AND AUTHORITY, AND CONTRACTOR FOR HIMSELF AND FOR THEM DOES HEREBY REM1SE, RELEASE AND QUIT-CLAIM ALL RIGHTS AND ALL MANNER OF ERRORS, DEFECTS AND IMPERFECTIONS WHATSOEVER IN ENTERING SUCH SATISFACTION OR IN FILING SUCH PLEADING, INSTRUMENT OR AMENDMENT, OR IN ANY WAY CONCERNING THEM. IN WITNESS WHEREOF, Contractor has signed this Stipulation under seal this 29th day of July, 2004. (trading and doing business as Brian K. Hoy Builders) ACKNOWLEDGMENT Commonwealth of Pennsylvania ) ) County of Dauphin ) SS On this,..7 q~7 day of July, 2004, before me, the undersigned officer, personally appeared Brian K. Hoy (trading and doing business as Brian K. Hoy Builders), properly identified, and executed the foregoing Stipulation Against Liens for the purposes therein contained by signing. IN WITNESS WHEREOF, I hereunder set my hand and Official Seal. (Notarial Seal ) Notary u~bli~c~,~, c::>~ ~~_~_._-.~ My Commission Expires: