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HomeMy WebLinkAbout13-3261 No , (3 -3) 6 1 P) P IL ED 0 Jut j♦ STIPULATION AGAINST LIENS CUP SERLA U JEFFREY TREZ and PEWJS�� LVAt l� ,� BECKY L. TREZ, husband and wife IN THE COURT OF COMMON PLEAS Owner CUMBERLAND COUNTY, PENNSYLVANIA V. JOHNNIE BLACK CONSTRUCTION, Contractor This instrument is executed this 3 4L, day of J h t, , 2013, by Johnnie Black Construction ( "Contractor ") in favor of Jeffrey Trez and Becky L. Trez ( "Owner") BACKGROUND: i . Contractor is a contractor or subcontractor within the meaning of the Mechanics' Lien Law of 1963. 2. On or about the date hereof, Owner has or will be executing a contract with Contractor (the "Contract ") for construction, renovations or improvements [specific job] upon a lot of land situate in the Township of North Newton, Cumberland County, Pennsylvania, being commonly referred to as Lot 4 on the Final Minor Subdivision Plan for Thomas Trez, and as more fully described in the legal description attached hereto and incorporated herein as Exhibit "A" (the "Property"). 3. Contractor has, by this instrument and the promises contained herein, covenanted, promised and agreed that no mechanics' lien or materialmen's lien shall be filed or maintained against the estate or title of Owner in the Property or any part thereof, or the appurtenances thereto, either by itself or anyone else acting or claiming through or under it for or on account of any work, labor or materials supplied in the performance of the work under the Contract or under any supplemental contract or for extra work. NOW, THEREFORE, in consideration of the Contract and the covenants of Owner therein contained, and the sum of one dollar ($1.00) paid in hand to Contractor, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby: 1. Contractor, for itself and anyone else acting or claiming through or under it, does ���77 hereby waive and relinquish all right to file a mechanics' lien or materialmen's lien, or notice of intention to file any lien, and does hereby covenant, promise and agree that no mechanic's lien or other lien of any kind whatsoever shall be filed or maintained against the estate or title of Owner in the Property or the appurtenances thereto, by or in the name of Contractor, or any subcontractor, materialman or laborer acting or claiming through or under for work done or materials furnished in connection with the Contract or by any other party acting through or under them or any of them for and about the Property or any part of it. 2. This agreement waiving the right of lien shall be an independent covenant by Contractor and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in connection with the above - described project on the Property to the same extent as any work and labor done and materials furnished under the Contract. 3. To give Owner full power and authority to protect itself, the Property, the estate, or title of Owner therein, and the appurtenances thereto, against any and all liens filed by Contractor or anyone acting under or through it in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania (i) to appear as attorney for it, them or any of them, in any such Court, and in its or their name or names, to the extent permitted by law, mark satisfied of record at the cost and expense of Contractor or of any subcontractor or materialman, any and all lien or liens, filed in violation of the foregoing covenant, or (ii) to cause to be filed and served in connection with such lien or liens any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, and to incorporate therein, as part of the record, the waiver contained in this instrument; and for such act or acts this instrument shall be good and sufficient warrant and authority. A reference to the court, term and number in which and where this agreement shall have been filed shall be conclusive evidence of the authority herein to warrant such action, and Contractor, for itself and for them, hereby remises, releases and quitclaims 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 the event anyone acting through or under Contractor shall so file a lien in violation of the foregoing covenant, Owner may not exercise its rights under this Paragraph 3 unless such lien has not been stricken or discharged (by payment, posting of a bond, or other means) for a period of ten (10) days after notice of such lien shall have been received by Contractor. 2 IN WITNESS WHEREOF, Contractor and Owner have executed this instrument as of the day and year first above written. Signed, Sealed and Delivered Johnnie Black Construction, Contractor in the presence of Name: JefQ Trez, er BeAj L. Tr z, Owner COMMONWEALTH OF PENNSYLVANIA ) ss. COUNTY OF L On this, the 5 day of U" , 2013, before me, a Notary Public, personally appeared 3bb nn i 2 W, ftj C L , known to me or satisfactorily proven to be the person whose name is subscribed, and who acknowledges himself to be the 0 Wf12.r of Johnnie Black Construction, and that he as such 0 LO/)-49 e— — , being authorized to do so, executed the foregoing statement for the purposes therein contained by signing as In witness whereof I have here o s t my han and no al se 1. COMMONWEALTH OF PENNSYLVANIA ( ?,�,Oy NOTARIAL SEAL otary Public PAMELA A. SWITALSKI, Notary Public Boro of Shippensburg, Cumberland County My commission Expires March 24, 2014 3 COMMONWEALTH OF PENNSYLVANIA ) U ss. COUNTY OF (rte 10,n d ) On this, the day of 2013, before me, the undersigned officer, personally appeared, Jeffrey Trez and Becky L. Trez, known to me or satisfactorily proven to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set m h d and official al. COMMONWEALTH OF PENNSYLVANIA SWITAL SKI, (SEAL) PAMELA A. WITAL N Notary Public Notary Public o Boro of Shippensburg, Cumberland County My Commission Expires March 24,2014_1 4 Exhibit "A" (Legal Description) ALL THAT CERTAIN tract of land located in North Newton Township, Cumberland County, Pennsylvania, bounded and described according to a Final Minor Subdivision Plan for Thomas Trez, as prepared by Eric L. Diffenbaugh, Professional Land Surveyor, dated June 11, 2012, revised through September 6, 2012, and recorded October 12, 2012, in Cumberland County, Pennsylvania at Instrument No. 201231535, as follows to wit: BEGINNING at a set rebar located South 21 degrees 00 minutes 00 seconds East 900.33 feet from a point on the centerline of Newville Road S.R. 0533, which point is the northwest corner of land now or formerly of Clouse Farms Family Limited Partnership; thence along the proposed 50' wide private right -of -way and Lot 3 as shown on the above - referenced Plan, North 69 degrees 00 minutes 00 seconds East 679.53 feet to a set concrete monument; thence along said Lot 3 the following two courses and distances: 1) South 21 degrees 00 minutes 00 seconds East 538.32 feet to a set concrete monument; 2) South 42 degrees 51 minutes 03 seconds West 757.01 feet to a set rebar; thence along said land now or formerly of Clouse Farms Family Limited Partnership, North 21 degrees 00 minutes 00 seconds West 871.95 feet to a set rebar, the point of BEGINNING. BEING Lot 4 on the above - referenced Final Minor Subdivision Plan and containing 11.00 acres.