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HomeMy WebLinkAbout13-0025 ,.~.~ ~~ rn ~ q ~ ~r~ N d .~~ ~ r~ a 3 r~-Ya ~ t=, S~ w ~ ~'' a -~ DAVID PEIFFER, d/b/a DMP CONSTRUCTION 270 Pipeline Rd., Newville, PA 17241, AND STEVEN R. STRAYER and CABBIE M. STRAYER, husband and wife, 9 Independence Dr., Shippensburg, PA 17257. KNOW ALL BY THESE PRESENTS, that: BACKGROUND hereinafter referred to as Contractor, hereinafter referred to as Owners. Owners and Contractor have entered into an agreement dated October 1, 2012 (the "Agreement") relating to erection, construction, alteration and repair services to be rendered in connection with the building of a new residence and other improvements upon the following described real estate, as part of the consideration for which Agreement this Stipulation Against, Release and Waiver of Liens is given: All that certain lot or piece of ground situate in the Township of Southampton, County of Cumberland, Commonwealth of Pennsylvania, known as 175 Whitener Road and more fully described in Exhibit A, attached hereto and made a part hereof. AGREEMENT NOW, THEREFORE, Contractor, intending to be legally bound hereby, in consideration of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt and sufficiency of which are hereby acknowledged, as well as for and in consideration of the entry by the Owners into the Agreement, for Contractor and any and all parties acting for, through or under Contractor, them or any of them, or any one, covenant and agree with Owners that no mechanics' liens or claims shall be filed or maintained by Contractor, them or any of them, or any one, against the above- described real estate, or the buildings or other improvements to be erected thereon, or any of them, or the estate (including a leasehold estate), interest or title thereto of Owners, for or on account of any work done under said Agreement or under any supplemental contract, verbal or written, or contract for extra work relating to the erection, construction, alteration or repair and 1 ~'~~lUO P~ C#S7oo/ completion of said buildings or other improvements, or any of them, or otherwise; and Contractor, for Contractor and any and all parties acting through or under Contractor, them or any of them, hereby expressly waives and relinquishes the right to have, file or maintain mechanics' liens or claims against said real estate or buildings or other improvements or any of them. Contractor, for itself and its successors and assigns, does hereby release and waive any rights it may now or hereafter have to file or maintain mechanics' liens or claims against the above described real estate, or buildings or other improvements to be erected thereon, or any of them, or the estate, interest or title thereto of Owners, for or on account of any work done prior to the date hereof under said Agreement or any prior agreement relating to services to be rendered in connection with erection, construction, alteration or repair of such buildings or other improvements. This agreement releasing and waiving the right of lien shall be an independent covenant and shall operate and shall be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction, alteration or repair and completion of the said buildings or other improvements as to any work and labor done and materials furnished and relating to the Agreement aforesaid. In order to give Owners and any person having an estate in the above-described property (including a leasehold estate) full power and authority to protect itself and themselves, the above-described property, the building or buildings or other improvements to be constructed thereon, and the cartilages appurtenant thereto, against any and all liens or claims filed by the Contractor or anyone acting under or through it in violation of the foregoing covenant by Contractor, the Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear as attorney for it, them, or any of them, in any such Court, and in its or their name or names, (a) to the extent permitted by law, to mark satisfied of record at the cost and expense of Contractor any and all claims or liens filed in violation of the foregoing release, waiver and covenant, or (b) to cause to be filed and served in connection with claims or liens (in the name of Contractor or anyone else acting under or through, it) any pleading or instrument, or amendment to any pleading or instrument previously filed by it or them, to incorporate therein, as part of the record the release and waiver contained in this instrument, and for such act or acts this instrument shall be good and sufficient warrant and authority, and reference to the court, term and number in which and where Release and Waiver of Liens shall have been filed shall be a sufficient exhibit of authority herein contained to warrant such action, and Contractor for itself and for them does hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such instrument or amendment, or in any way concerning them. Contractor shall defend and promptly indemnify Owners and save Owners harmless from, against, for and in respect of, and shall pay all damages, losses, obligations, liabilities, claims, encumbrances, deficiencies, costs and expenses, including, without limitation, reasonable attorneys' fees and other costs and expenses incident to, any action, investigation, claim, proceeding or lien (all hereinafter collectively referred to as "Losses") suffered, sustained, incurred or required to be paid by Owners by reason of any breach or failure of observance or performance of any representation, warranty, covenant, agreement or commitment made by the Contractor under or relating to this Stipulation Against, Release and Waiver of Liens. This Stipulation Against, Release and Waiver of Liens is made and intended to be filed with the Prothonotary of the Court of Common Pleas of the County of Cumberland or other proper place in which the above-described lands are located, within ten days after the date hereof in accordance with the requirement of law in such case provided. 1N WITNESS WHEREOF, Contractor has signed and sealed these presents this il~day of December, 2012. DMP Construction ..,.-~;/ David Pei er, er ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA , ss. COUNTY OF'~iv~3~ ~ , Un ,the / a~ 0 201~.before me, the undersigned fficer, personally aP ~' ho a ~owledged him/herself to be (Title) of .P. Constru o c., a Pennsylvania corporation, and that he/she, in that capacity, is authorized to execute the foregoing Stipulation Against, Release and Waiver of Liens by Contractor for p ses therein contained by signing the name of D.M.P. Construction, Inc. by himlherself as (Title), and desired that the same might be recorded as such. IN WITNESS WHEREOF, I set my hand and official Seal. otarial Seal ) Notary is My Commission Expires: ~ ~~~~ COMMONWEALTH OF P NNSYLVANIA NOTARIAL SEAL TAMMY SUE HELMAN, Notary Public Guilford Twp„ Franklin County My Commission Expires February 10, 2014 ,IqN-~2-7~1 ~ ru n~ : ~~ o,, AITq Lean Policy (6-17-06) (.4s Modelled by Company) _ ~ ~ ~ ~,~ ~_ , v i ~., C J C ~~ ~~ I'd 0 , '1- ~, ' t l~l-1~~ Exhibit A -Legal Description Policy No.: LP 1931586 ALL THAT CERTAIN situated in Southampton Township, County of Cumberland and State of Pennsylvania, and described in three tracts as follows: N0. 1 -BEGINNING at a hickory stump on corner of land now or formerly of George Walters on the public road leading from Stone Church to No. 1 Ore Bank; thence along said road North 27.5 degrees West, 45.25 perches to a stone; thence along lands now or formerly of James McBeth, hereinafter described, North 87.5 degrees West, 38,25 perches to stones; thence along lands now or formerly of George Gever South 15 degrees East, 48.25 perches to stones in line of land now or formerly of George Walter; thence along the said land, South 87.5 degrees East, 44 perches to the place of BEGINNING. CONTAINING 12 acres, more or less, NO. 2 -BEGINNING at an iron peg in the middle of the public road leading from the Stone Church to No. 1 Ore Bank; thence by land now or formerly of Jacob Helm, North 70 degrees West, 22 perches to a stone; thence by lands now or formerly of George H. Stewart, South 33 degrees West, 33.5 perches to a stone; thence by land now or formerly of James McBeth, described above, South 86 degrees East, 34 perches to a post in the middle of said road, North 11.25 degrees East, 23.4 perches to the place of BEGINNING. CONTAINING 4 acres and 58 perches. NO. 3 -BEGINNING at a post on the Northeast corner of the tract and on a corner of other lands now or formerly of James McBeth, described above; thence along the said land South 15 degrees East, 45 perches to a corner of land now or formerly of Anthony Bowermaster; thence due West, 7 perches to a corner of land now or formerly of George Clever; thence along the same, North 15 degrees West, 45 perches to a corner on line of lands now or formerly of George Gever; thence due East 7 perches tv the place of sEGINNING. CONTAINING 2 acres, neat measure. Excepting and reserving land conveyed to Frank E. Barthalow and Donna M. Barthalow, his wife set forth In deed recorded In f3ook F36, page 755. Excepting and reserving land conveyed to Ronald R. Clever and Dean A. Hershey set forth in deed recorded at Tnstrument No. 200830027. BEING PgRCEL NO. 39-X3-0104-057 This policy is invalid unless the insuring provisions and Schedules A and B are attached. F. 001 Ohio Bar Title Insurance Company