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HomeMy WebLinkAbout13-4499 t3 - 4ygq FAFILES \Clients \15130 Frye \15130.2 Construction Loan \15130.2.Stipulation Against Liens.wpd STIPULATION AGAINST LIENS Bernard Fielding Frye, Jr. and Mary Bixler Frye, husband and wife IN THE COURT OF COMMON PLEAS J n_ Owner CUMBERLAND COUNTY, PENNSSYLVkIMA , r 1 O+J V. Madison & Sons Construction LLC Contractor' D This instrument is executed this 31S day of July, 2013, by Madison & Sons Construction LLC ( "Contractor ") in favor of Bernard Fielding Frye, Jr. and Mary Bixler Frye ( "Owner ") BACKGROUND: 1. 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 upon a lot of land situate in the Township of Lower Frankford, Cumberland County, Pennsylvania, being commonly referred to as Lot IA of Plan recorded at Instrument No. 201319071 and being along Mt. Zion Road, Carlisle, PA 17015, 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 1 a a as �� 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 Madison & Sons Construction, LLC in the presence of Contractor By: a is an ber Bernrnaa�rd Fiel ng 61�e, Jr., Owner /// Mary B0 6r Frye, Owner COMMONWEALTH OF PENNSYLVANIA ) ): ss. COUNTY OF CUMBERLAND ) On this, the 31 51- day of July, 2013, before me, a Notary Public, personally appeared Dirk J. Madison, known to me to be the person whose name is subscribed, and who acknowledges himself to be the Managing Member of Madison & Sons Construction, LLC, a Pennsylvania limited liability company, and that he as such Member, being authorized to do so, executed the foregoing statement for the purposes therein contained by signing the name of the limited liability company by himself as said Member. In witness whereof I have hereunto set my hand and notarial seal. (SEAL) Not ry Public COMMONWEALTH F PENNSYLVANIA Notarial Seal Public Anianette S. Appleby, Notary carlisie Boro, curriberiand county M commission Ex I res Au . 27, 2014 Member> PennevlV ®HIS s -q 9 Of Notaries 3 COMMONWEALTH OF PENNSYLVANIA ) ): ss. COUNTY OF CUMBERLAND ) On this, the 31" day of July, 2013, before me, the undersigned officer, personally appeared, Bernard Fielding Frye, Jr. and Mary Bixler Frye, 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 my hand and official seal. (SEAL) Notary Public COMMONWEALTM OF PENNSYLVANIA Notarial seat otary public Anjanette S. Appleby earfiste goro, Cumberland County MY Commisslen E; fires A Notaries Me P FIRN �Rld 4 Exhibit "A" (Legal Description) ALL THAT piece, parcel or tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, more specifically bounded and described as follows, to wit: BEGINNING at a point, being in the centerline of the macadam cartway of Mt. Zion Road - T- 460 (33' wide), also being a corner in common with lands now or formerly of Jacob L., III & Heather J. Bear; Thence leaving said centerline and along said lands, South 88 degrees 15 minutes 48 seconds West, a distance of two hundred eighty -seven and thirty-five one - hundredths (287.35) feet to an iron pin; Thence continuing along same, South 01 degree 44 minutes 12 seconds East, a distance of one hundred seventy -three and thirty -one one - hundredths (173.31) feet to an iron pin, being a corner in common with lands now or formerly of Gary L. & Donna M. Kessler; Thence along said lands. North 83 degrees 23 minutes 33 seconds West, a distance of ninety -two and ninety -two one - hundredths (92.92) feet to an iron pin, being a comer in common with lands now or formerly of Clifford L. & Michele L. Morton; Thence along said lands, North 83 degrees 16 minutes 59 seconds West, a distance of two hundred forty-five and thirty -three one - hundredths (245.33) feet to an iron pin, being a corner in common with Combined Lot 1 and Lot 2 of the later mentioned plan; Thence along said Combined Lot 1 and Lot 2 for the following three (3) courses and distances: 1. North 06 degrees 43 minutes 01 seconds East, a distance of one hundred eighty -one and ten one - hundredths (181.10) feet to an iron pin, 2. North 72 degrees 43 minutes 40 seconds East, a distance of five hundred eighty -three and nineteen one - hundredths (583.19) feet to a concrete monument; 3. South 69 degrees 52 minutes 17 seconds East, a distance of thirty-six and seventy -eight one - hundredths (36.78) feet to a point, Being in the centerline of the macadam cartway of Mt. Zion Road - T -460 (33' wide); Thence along said centerline by a line curving to the right, having a radius of one thousand four hundred and zero one - hundredths (1400.00) feet, an arc length of seventy and fifty -four one - hundredths (70.54) feet, a chord bearing of South 02 degrees 27 minutes 36 seconds East, and a chord length of seventy and fifty -three one - hundredths (70.53) feet to a point; Thence continuing along same, South 01 degree 01 minute 00 seconds East, a distance of one hundred twenty -seven and thirty- six one - hundredths (127.36) feet to a point, also being the place of BEGINNING. BEING "Proposed Lot 1 A ", of the "Final Minor Subdivision Plan for Russell L. & Betty J. Shughart.", as prepared by Burget & Associates, Inc. Said Plan dated March 6` 2013 and last revised on May 15` 2013. Plan Recorded in Instrument No. 201319071 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. BEING THE SAME PREMISES which Russell L. Shughart and Betty J. Shughart, husband and wife, by Deed dated June 27, 2013, and recorded on July 1, 2013, in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument No. 201321658, granted and conveyed unto Bernard Fielding Frye, Jr. and Mary Bixler Frye, husband and wife.