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Home My WebLink About14-0230 .a }' j I" to �l4 JAS _9 P �: 03 . CU COUNT), IN THE COURT OF COMMON PLEAS VA NIA CUMBERLAND COUNTY, PENNSYLVANIA JOHN A. PIOTROWSKI and JOAN E. PIOTROWSKI, Husband and Wife, Owners Filed: and No.. a3 b GLENN D. LIVELSBERGER, INC., a Pennsylvania Corporation, doing business as HERITAGE BUILDERS, Contractor PRAECIPE FOR INDEXING TO THE PROTHONOTARY: Please index this Stipulation Against and Waiver of Right to File Mechanics' Lien in the names of the Owners, as Plaintiffs and Defendants, and cross -index the Stipulation Against and Waiver of Right to File Mechanics' Lien in the name of the Contractor as Plaintiff and Defendant. By: m A. Diamond, Esquire, PA ID No. 43902 g Ec rt Seamans Cherin & Mellott, LLC Market Street, 8` Floor Harrisburg, PA 17101 Attorneys for John A. Piotrowski and Joan E. Piotrowski, Owners Dated: January 7, 2014 a ml �a4.ao P d a. {L0540084.4} - F PR CUMBERLAnD IN THE COURT OF COMMON PLEAS ENSy YL ya N L Y CUMBERLAND COUNTY, PENNSYLVANIA JOHN A. PIOTROWSKI and JOAN E. PIOTROWSKI, Husband and Wife, Owners Filed: , 2014 and No.. GLENN D. LIVELSBERGER, INC., a Pennsylvania Corporation, doing business as HERITAGE BUILDERS, Contractor STIPULATION AGAINST AND WAIVER OF RIGHT TO FILE MECHANICS' LIEN WHEREAS, Glenn D. Livelsberger, Inc., a Pennsylvania Corporation ( "Contractor ") doing business as Heritage Builders, with a business address at 6968 Birchwood Road, Harrisburg, PA 17112 and John A. Piotrowski and Joan E. Piotrowski ( "Owners ") with an address at 6348 South Powderhom Drive, Mechanicsburg, PA 17050, entered into that certain contract dated January 7, 2014 (the "Contract"), relating to the performance by Contractor of certain work (the "Improvements ") with respect to the erection and construction of a new residential building not more than three stories in height, not including any basement level, and related improvements, on the real property (the "Premises ") owned by Owners, John A. Piotrowski and Joan E. Piotrowski, located at 526 Halyard Way, Enola (East Pennsboro Township), Cumberland County, Pennsylvania, Tax Parcel Number 09 -11- 3004 -092. The said Premises are more particularly described in the property description attached hereto "Exhibit A" and incorporated herein by reference. {L0540084.4} -1- NOW, THEREFORE, in consideration of the execution and delivery of the Contract, and in consideration of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the Contractor, for itself, and its agents, servants, stockholders, employees, representatives, assigns and successors, and all subcontractors and other parties acting through or under Contractor, does hereby covenant, promise and agree that no mechanics' lien or claim of any kind shall be filed or maintained against the Improvements or the Premises, or any part or parts thereof, or the appurtenances hereto, by Contractor or by any subcontractors, materialmen, laborers or others, for work done or for any tools, equipment, materials or supervision, or other services furnished under the Contract or any subcontract or supplements thereto, written or oral, or by any other party acting through or under them, or any of them, for and about the Improvements, the Premises, or any parts thereof, or on credit thereof. And this Stipulation Against and Waiver of Right to File Mechanics' Liens shall be an independent covenant and shall operate and be effective as well with respect to work done and materials and services furnished under any supplemental contract for extra work in connection with the construction of the Improvements as to any work and labor done and material furnished under the Contract. And, in order to give the Owners full power and authority to protect themselves and the Improvements and the Premises against any and all claims filed by the Contractor, or by any subcontractor or anyone acting under or through the Contractor in violation of the foregoing covenant, Contractor, for itself, its agents, servants, stockholders, representatives, assigns and {L0540084.4} -2- successors, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for it, them, or any of them, and in its or their name or names, to mark satisfied of any such mechanics' lien or claim, at the cost and expense of the Contractor, or its agents, servants, stockholders, representatives, assigns and successors, against the Improvements or the Premises, or any parts thereof, and for such act or acts this shall be a good and sufficient warrant and authority, and a reference to the Court and to the docket in which and where this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor, for itself, its agents, servants, stockholders, representatives, assigns and successors, does hereby release all errors and defects whatsoever in the entry of any such satisfaction or the exercise of the authority hereby conferred. THIS WAIVER OF LIENS will be filed in the Office of the Prothonotary of Cumberland County, Pennsylvania, pursuant to the provisions of the Mechanic's Lien Law of 1963, Act of August 24,'1963, P.L. 1175, No. 497, as supplemented and amended ( "Mechanics' Lien Law "), and the Prothonotary is required to index this Stipulation and Waiver in the name of the Contractor both as Defendant and as Plaintiff, and in the name of the Owners both as Defendants and as Plaintiffs, in accordance with the said Mechanics' Lien Law, the receipt of such filing to be delivered to the Owners. {L0540084.4} -3- 4 WITNESS the due execution hereof, with the intent to be legally bound, this7' of January, 2014. A 1 l'EST/�r►�ITNESS CONTRACTOR Glenn D. Livelsberger, t/a Heritage Builders, a Pennsyiv is trorOomtion, By- Print Name: Title: (" al q OWNERS By: Io6 A. Piotro wski By Jog) E. Piotrowski 4- bf �i 4 EXHIBIT A PROPERTY DESCRIPTION ALL THAT CERTAIN piece, parcel or lot of lands situate in East Pennsboro Township, Cum- berland County, Pennsylvania; designated as Unit No. 19 on the Preliminary/Final Subdivision Plan by Rettew Associates, for River Bend, A Planned Community dated November 15, 1996, last amended January 7, 1999 and recorded in the office of the Recorder of Deeds in and for Cumberland County on February 24, 1999, in Plan Book 78, page 75, and being designated as Unit No. 19 in a Declaration of River Bend, A Planned Community, dated October 9, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Miscellaneous Book 591, page 477, being further bounded and described as follows, to wit: BEGINNING at a point on the outer right -of -way line of Halyard (a 40 foot wide public road), at a comer of Lot No. 18; thence by said Lot North 38 degrees 59 minutes 30 seconds West, a dis- tance of 381.11 feet to a point on the Southern line of a 25 foot drainage easement; thence by said easement North 75 degrees 56 minutes 28 seconds East, a distance of 166.85 feet to a point, at a comer of Lot No. 20; thence by said Lot South 37 degrees 05 minutes 09 seconds East, a distance of 315.16 feet to a point on the outer right -of -way of aforementioned Halyard; thence by said right -of -way the following two (2) courses and distances: (1) South 52 degrees 54 minutes 51. seconds West, a distance of 112.45 feet to a point; (2) By a line curving to the left and having a radius of 855.00 feet, an arc length of 28.44 feet and a chord bearing of South 51 degrees 57 mi- nutes 41 seconds West, a distance of 28.44 feet to a point, the Place of Beginning_ Containing 51,004 square feet or 1.17 acres. BEING THE SAME premises which Ronald E. Walborn and Nancy L Walborn, Husband and Wife, by Deed dated September 29, 2011 and recorded October 14, 2011 in the Office of the Re- corder of Deeds in and for Cumberland County, Pennsylvania at Instrument No. 201128507 con- veyed unto John A. Piotrowski and Joan E. Piotrowski, Husband and Wife. AND ALSO BEING known as Tax Parcel No. 09 -1 1 - 3004-092. PAS 0084.4)