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HomeMy WebLinkAbout13-5467 STIPULATION AGAINST MECHANICS' LIENS JOHN A. AND SHERRI COCKLIN : In The Court of Common Pleas Owners : Cumberland County, Pennsylvania Q c —+ / m ez1 c� Number: 13 vs -<T' o Term, 20 <, J. W. MUMPER CONSTRUCTION x INC. v •. t'i3 Contractor KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, J. W. MUMPER CONSTRUCTION, INC., of 4 Woodstock Court, Mechanicsburg, Pennsylvania 17050 (hereinafter called "Contractor "), has executed an agreement ( "Contract ") to erect, construct, alter or repair improvements (the "Work ") upon the property ( "Property ") of JOHN and SHERRI COCKLIN, currently of 30 Kimberly Court, Manalapan, New Jersey, (hereinafter called ( "Owners ") known and numbered as Lot #77, 6 Round Top Court, Mechanicsburg, Cumberland County, Pennsylvania, more fully described in Exhibit A, attached. WHEREAS, as part of the Contract, Contractor agreed that no lien shall be filed against the Property or any building or improvements thereon by itself or by any subcontractor or Material -man or any other person furnishing labor or materials under the Contract, and agreed to execute and deliver a Stipulation Against Mechanics' Liens for filing. NOW, THEREFORE, in consideration of the execution of the Contract, Contractor, intending to be legally bound hereby, for Contractor, for all subcontractors of Contractor, and for all parties acting for, through or under Contractor or any subcontractor, covenants and agrees that no mechanics' lien or claim shall be filed or maintained by Contractor or any such Sub - contractor or parry, against any part of the Property or any building or improvements thereon, for or on account of any labor or materials furnished or any work done under the Contract, or in or about the erection, construction, installation or completion of the work; and Contractor, for Contractor, for any and all subcontractors and for any and all parties acting for, through or under Contractor or any subcontractor, hereby waives and relinquishes the right to have, file or maintain any mechanics' lien or claim against any part of the Property or any building or improvements thereon. ���°770 Contractor hereby warrants and represents that at the time of the execution hereof, no work of any kind has been done and no labor or materials have been furnished by Contractor, or by any subcontractor of Contractor, or by any person acting for, through or under Contractor or any subcontractor in the performance of the Contract, in or about the completion of the construction of the Work. This Stipulation Against Mechanics' Liens is made by Contractor and intended to be filed in accordance with the requirements of the (Pennsylvania) Mechanics' Lien Law of 1963, as amended and supplemented, with the Prothonotary of the Court of Common Pleas of the County in which the Property is located. Each of the terms, provisions, covenants and conditions of this Waiver shall, as the case may be, be binding upon and inure to the benefit of Owners, Contractor, each subcontractor of Contractor, and each parry acting for, through or under contractor or such subcontractor, and the respective heirs, executors, administrators, successors and assigns of each and any of them. IN WITNESS WHEREOF, Contractor and Owners have duly executed this instrument as of the _LQ day of �t-ChJ , 2013. WI J. W. MUMPER CONSTRUC ON, INC. By: W WI S: A. Cocklin, Property . ('ac Sherri Cocklin, Property Owner r EXHITIT "A" ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western right -of -way line of Roundtop Court at the corner of Lot No. 76 of the hereinafter mentioned plan of lots; thence by the Western right -of -way line of Roundtop Court by a curve to the left having a radius of 95.00 feet an arc length of 110.94 feet to a point at the corner of Lot No. 78 of the hereinafter mentioned plan of lots; thence by same South 20 degrees 53 minutes 41 seconds West, a distance of 188.22 feet to a point at Lot No. 81 of Phase IV of Hilltop Farms; thence by same North 85 degrees 17 minutes 30 seconds West, a distance of 177.98 feet to a point at lands now or late of Sunday; thence by same north 02 degrees 13 minutes 54 seconds West a distance a distance of 239.12 feet to a point at the corner of Lot No. 76 of the hereinafter mentioned subdivision plan; thence by same North 87 degrees 48 minutes 05 seconds East, a distance of 192.91 feet to a point on the western line of Roundtop Court, the Place of BEGINNING. BEING Lot No. 77 of the Final Subdivision Plan for Hillside Farms — Phase V, dated July 10, 2006, last revised December 29, 2006, prepared by H. Edward Black & Associates, P.C. and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania to Instrument No. 200820865. UNDER and SUBJECT to a Declaration of Covenants and Restrictions dated April 30, 1996 and recorded in the Office of the Recorder of Deeds of Cumberland County, in Misc. Book 529, Page 333, as amended by an Amendment to Declaration of Covenants and Restrictions dated September 30, 1997, recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 562, Page 52 and as further amended by a Second Amendment dated June 29, 2000, recorded in the Office of the Recorder of Deeds of Cumberland County, in Misc. Book 648, Page 702, and as amended by a Third Amendment dated July 16, 2003 and recorded in Cumberland County Miscellaneous Book 700, Page 1105, and as amended by a Fourth Amendment dated April 20, 2010, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania to Instrument No. 201011267. IT BEING the same premises which James W. Mumper, Jr., by deed dated September 28, 2012, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on October 3, 2012, in Instrument Number 201230441, granted and conveyed unto John A. Cocklin and Sherri Cocklin, husband and wife.