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HomeMy WebLinkAbout13-7305 F:\FILES \Clients \9640 Maschmeyer \9640.5 Porch 25 Nicholas Drive \9640.6.Stip vs Liens.wpd 13 f +» r � 0 (3 n d z {..1 r q, STIPULATION AGAINST LI)EW C( I P11 3' 28 CUMBERLAND 11�1�� I ;�' BRIAN T. MASCHMEYER and PENNSYLVANIA NICOLE T. MASCHMEYER, IN THE COURT OF COMMON PLEAS Owner CUMBERLAND COUNTY, PENNSYLVANIA r-1 ej V. 13 — G� LETTERMEN INC., Contractor f1-ce M LAr This instrument is executed this day of d er, 2013, by Lettermen, Inc. ( "Contractor ") in favor of Brian T. Maschmeyer and Nicole T. Maschmeyer, husband and wife ( "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 of single family dwelling upon a lot of land situate in the Township of Dickinson, Cumberland County, Pennsylvania, being commonly referred to as 25 Nicholas Drive, 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 od 0 ��� C, T7oVo547 4A) 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 Contractor: in the presence of Lettermen, Inc., a Pennsylvania corporation By: J e f[rQ esi ent O r: a � Qv► j Masc eyer 0rq Nicole T. Maschmeyer COMMONWEALTH OF PENNSYLVANIA ) ): ss. COUNTY OF CUMBERLAND ) On this, the day ofo4l", before me, a Notary Public, personally appeared Jeffrey S. Austin, known to me to be the person whose name is subscribed, and who acknowledges himself to be the President of Lettermen, Inc., a Pennsylvania corporation, and that he as such President, being authorized to do so, executed the foregoing statement for the purposes therein contained by signing the name of the corporation by himself as said President. In witness whereof I have hereunto set my hand and notarial seal. COMMON WEALTH OR PENNSYLVANI Nota Notarial Seal Margaret: Ann Nash, Notary Public Carlisle Ooro, Cumberland County My dDmmisslon Expires June 29, 2015 MEM sip, PENNSYLVANIA ASSOcrATION OF NOTARIES 3 COMMONWEALTH OF PENNSYLVANIA ) ): ss. COUNTY OF CUMBERLAND ) On this, the ]I * day of November, 2013, before me, the undersigned officer, personally appeared, Brian T. Maschmeyer and Nicole T. Maschmeyer, 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. I 09A 11-All I A A g1l ki 40 - JAj— (SEAL) Nota Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Public Anyanette S. Appleby, NOIXY Carlisle Bono, Cumberland C 7 2 14 My f immission €it Ito Ap I XA o f Notary pl@if1 4 Exhibit "A" (Legal Description) ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described according to the Final Subdivision Plan for Phase Number II Nicholas Manor prepared by Dawood Associates dated June 8, 2005, revised through July 21, 2006, and recorded in Cumberland County Plan Book 94, Page 96, as follows: BEGINNING at an iron pin set on Nicholas Drive (50' ROW) at the southwestern corner of Lot 37 on the above - referenced Plan; thence along said Lot 37, North 64 degrees 06 minutes 50 seconds East 220.27 feet to an iron pin set; thence along land now or formerly of Yanek Custom Homes, Inc., and land now or formerly of Kerry B. Browning and Pamela J. Browning, South 38 degrees 42 minutes 40 seconds East 251.87 feet to an iron pin set; thence along Lot 39, South 64 degrees 06 minutes 50 seconds West 276.18 feet to an iron pin set; thence along said Nicholas Drive, North 25 degrees 53 minutes 10 seconds West 245.58 feet to an iron pin set, the point and place of Beginning. BEING Lot 38 on the Final Subdivision Plan for Phase Number II Nicholas Manor. BEING the same premises which Donald E. Diehl, Brenda D. Pallante, and Randy L. Diehl, by Deed dated October 16, 2013, and intended for recording immediately prior hereto in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania, granted and conveyed to Brian T. Maschmeyer and Nicole T. Maschmeyer, husband and wife.