HomeMy WebLinkAbout12-7680Max D. Marbain and IN THE GOURT OF COMMON PLEAS,
Marbain Associates, Ltd., CUMBERLAND COUNT
Owner/Plaintiff
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JVH Excavating, Inc.. NO. M a.1 ~ ~p YYL~(~ ter' °'' - ; f ~-~
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STIPUL ATION 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 MAX D. MARBAIN and AAARBAIN 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 matertalmen's liens or claims shaft 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 principa! contract between Owner and Contractor,
the Propose! far which was dated December 93, 2092, the said Proposal having been
submitted by Contractor to Owner and accepted by Owner on December 14, 2012, or
under any supplemental contract, verbal or written, or contract for extra work or
materials relating to and work to be done or material famished 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 attomey 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 ar 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,
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release and quit-claim atl 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 famished 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 Wt NE~$ WHEREOF, the undersigned has executed this instrument as of
this day of f?ecember, 2!712.
ATTEST/WITNESS: CONTRACTOR:
JVH EXCAVATING, 1NC.
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EXHIBIT A
LEGAL DESCRIPTION OF THE REAL ESTATE
ALL THAT CERTAIN parcel of land situate in Silver Spring
Yownship, Cumberland County, Pennsylvania, being identified as Parcel
No. 1, in a certain deed from Charles Eichelberger, Jr. and Robert D.
Eichelberger to AAax D. Marbain dated March 23, 1998 and recorded in
Cumberfand County Deed Book 173, Page 1132.
CONTAINING 11.9362 acres, more or less.
BEING identified as Tax Parcel Number 38-08-0567-95.
FURTHER BEING the said premises described in a certain
Agreement of Sale dated December 14, 2012 between Max D.Marbain, as
SeNer, and Marbain Associates, Ltd., as Buyer, a memorandum of which
is intended to be recorded in the Office of the Cumberland County
Recorder of Deeds.
AND
ALL THOSE CERTAIN lots or parcels of Land identified as Lot Nos.
136 and 745 on Final Subdivision Plan of Evergreen Subdivision Phase 2
prepared by Hartman & Associated, Inc. dated June 1?, 1999, as
subsequently revised and recorded in Cumberland County Plan Book 82,
page 19, the metes and bounds descriptions for which are incorporated
herein by reference thereto.