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Home My WebLink About13-7566 13 - CHRISTOPHER D. BOYLES and KRYSTAL A. BOYLES, IN THE COURT OF COMMON PLEAS Owner CUMBERLAND COUNTY, PENNSYLVANIA V. HOFFMAN'S CUSTOM CONTRACTING, INC, c= °° t ,, 1' Contractor .- ;7- 3 STIPULATION AGAINST LIENS ti This instrument is executed this day of December, 2013, by Hoffman's Custom Contracting, Inc. ( "Contractor ") in favor of Christopher D. Boyles and Krystal A. Boyles, 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 North Newton Township, Cumberland County, Pennsylvania, being commonly referred to as 528 Springfield Road, Shippensburg, Pennsylvania, 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 hereby waive and relinquish all right to file a mechanics' lien or materialmen's lien, or notice of vats!? �' 2-gp 78' 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. [Signature line on next page] 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 Hoffman's Custom Contracting, Inc., a Pennsylvania corporation By: c 's Timot y D. Hoff n, President Owner: Clfiistdher D. Bo es rysta . Boyles COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) On this, the day of December, 2013, before me, a Notary Public, personally appeared Timothy D. Hoffman, known to me to be the person whose name is subscribed, and who acknowledges himself to be the President of Hoffman's Custom Contracting, 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. COMMONWtA� paNNSVI'VANtA ) Notarial Seal l ------ — Margaret Ann Nash, Notary Public Nota P b c Carlisle Boro, Cumberland Coy 29 2015 My Commission Expires June , MEMBER, PENNSYLVANIA pS$OCIATILN NpTARIES 3 1 COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) On this, the d y of December, 2013, before me, the undersigned officer, personally appeared, Christopher D. Boyles and Krystal A. Boyles, 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. COMMONWFALTM oF pENNSYI.VAN'tA Not lic Notarial Seal Public Margaret Ann Nash, Notary carlisie Boro, cumberiand county My commission Expires June 29, 2015 MEMBER, PENNSYLVAN1A pS50CL�Tn�N OF NOTARIES F. TILE S \Clients \15409 Boyles \15409.1 \15409. I. Stip vs Liensmpd 4 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 333 on the dividing line between Lots No. 15 and 16 on the hereinafter mentioned Plan of Lots; thence by said dividing line, North 28 degrees 24 minutes 44 seconds West 449.99 feet to an iron pin; thence North 59 degrees 6 minutes 28 seconds East 158 feet to an iron pin; thence by the dividing line between Lots No. 16 and 17 on said Plan of Lots, South 28 degrees 24 minutes 44 seconds East 449.98 feet to a spike in the center of Township Road No. 333 aforesaid; thence by the center of said Road, South 59 degrees 56 minutes 18 seconds West 158 feet to the place of BEGINNING. BEING Lot No. 16 on the Plan of Lots known as Rocky Acres as recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 32, Page 27. UNDER AND SUBJECT, nevertheless, to any and all building and use restrictions, easements and conditions of record which shall be binding upon the Grantees, their heirs and assigns, and shall run with the land. BEING the same property which Paul W. Leinbach and Mary N. Leinbach by their Deed dated October 13, 1983, and recorded October 19, 1983, in the office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book "K ", Volume 30, Page 786, granted and conveyed unto George V. Chizak and Marina S. Chizak. The aforesaid George V. Chizak died on December 11, 2003, thereby vesting title solely in Marina S. Chizak, his surviving spouse. Marina S. Chizak since married Roger Hollenbaugh and he joins Marina Hollenbaugh in conveying this Deed to release and extinguish any potential interest that he may have in said property by virtue of their marriage. TAX PARCEL 30 -10- 0618 -026