HomeMy WebLinkAbout14-0311 Pao jq, 3�� _
STIPULATION AGAINST LIENS r.. i'l 14 1 A H 1 PH 0 �
DAVID W. LEFFLER and P E - 4 N S Y LY A W! A
SHANNON F. LEFFLER, husband & wife IN THE COURT OF COMMON PLEAS
Owner CUMBERLAND COUNTY, PENNSYLVANIA
V.
ROLAND BUILDER, INC.,
Contractor
This instrument is executed this day �Y Y of January, 2014, b Roland Builder, Inc.
( "Contractor ") in favor of David W. Leffler and Shannon F. Leffler ( "Owner ")
BACKGROUND:
1. Contractor is a contractor or subcontractor within the meaning ofthe 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 a house upon a lot of land situate in the Borough of
Carlisle, Cumberland County, Pennsylvania, being commonly referred to as Lot #1 Graham Street,
Carlisle, PA 17013, 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
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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 ofthe 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.
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IN WITNESS WHEREOF, Contractor and Owner have executed this instrument as of the
day and year first above written.
Signed, Sealed and Delivered Roland Builder, Inc., Contractor
in the presence of
Q
W. Lee Roland Pr ident
David W. Leffler, O r
ow �- Z-"
Shannon F. Leffler, 6 wner
COMMONWEALTH OF PENNSYLVANIA }
): ss.
COUNTY OF CUMBERLAND )
On this, the day of January, 2014, before me, a Notary Public, personally appeared
W.Lee Roland, known to me to be the person whose name is subscribed, and who acknowledges
himself to be the President of Roland Builder, 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.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
ICI i o Y IW1• SMITH, Notary Public
HampdenUp., Cumberland county O Ic
[My Commicsion Expires July 29, 2016
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COMMONWEALTH OF PENNSYLVANIA )
): ss.
COUNTY OF CUMBERLAND
LAND )
On this, the `1' � day of January, 2014, before me, the undersigned officer, personally
appeared, David W. Leffler and Shannon F. Leffler, 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.
A I flA, h1l L (SEAL)
R6t'a6 Public
COMMON FALTH OF PEN NSYLVANIA
Notarial Seal Public
Anjanette S. Appleby, Notary
cartisle Boro, Cumberland County
My Commission Expires Aug. 27, 2014
M,�mh . �sPnz,zgl•. nio Apsodlatfnn of Notaries
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Exhibit "A" (Legal Description)
ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County,
Pennsylvania, more particularly bounded and described according to a survey prepared by John
C. Brillhart, R.S., dated March 19, 1981, as follows, to wit:
BEGINNING at a point in the southern right -of -way line of Graham Street at the northwest
corner of lands now or formerly of Hang F. Booth et ux; thence along lands now or formerly of
Harry F. Booth et ux, Richard M. Somma et ux, Bruce R. Andrews et ux, and the Estate of
Elizabeth B. Faller, deceased, South 05 degrees West 197.07 feet to a point; thence by Lot No. 9
on the hereinafter mentioned Plan, North 84 degrees 54 minutes 50 seconds West 110.23 feet to a
point; thence along Lot No. 2 on the hereinafter mentioned Plan, North 05 degrees 05 minutes 10
seconds East 197.07 feet to a point; thence along the southern right -of -way line of the aforesaid
Graham Street, South 84 degrees 54 minutes 50 seconds East 109.93 feet to a point, the place of
BEGINNING.
BEING THE SAME PREMISES which Lorraine H. Humer, widow, by her attorney -in -fact,
Anne L. Wade, by Deed dated September 18, 2013, and recorded September 18, 2013, in the
Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument No.
201330912, granted and conveyed to David W. Leffler and Shannon F. Leffler, husband and
wife.
Parcel No.: 04 -21 -0322 -191