HomeMy WebLinkAbout14-6305 F:\FILES\Clients\15811 Myers\15811.1 Lot 16 Parker St\1581 LI.Stipulation Against Liens.wpd
STIPULATION AGAINST LIENS
PAUL F. MYERS and
DONNA S. MYERS, his wife IN THE COURT OF COMMON PLq'mr'
c'� t
Owners CUMBERLAND COUNTY, PENNSW3�AW
V.
FOXBUILT, INC.
Contractor
This instrument is executed this day of October, 2014, by Foxbuilt, Inc.
("Contractor") in favor of Paul F. Myers and Donna S. Myers ("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,renovations or improvements of a 2-story home upon
a lot of land situate in the Borough of Carlisle,Cumberland County,Pennsylvania,being commonly
referred to as Lot 16, Final Subdivision and Land Development Plan for Mooreland Mews, as
recorded in Cumberland County at Instrument No. 200739383, 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 Foxbuilt, Inc.
in the presence of
By:
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Name: John Fox
Title: b/2
Contractor
Paul F. Myers, Owner
kym,41j, AW�Z/
Donna S. Myer , Owner
COMMONWEALTH OF PENNSYLVANIA )
): ss.
COUNTY OF )
On this,the aj'day of October,2014 before me,a Notary Public,personally appeared John
T.Fox,known to me or satisfactorily proven to be the son whose name is subscribed to the within
instrument, and who acknowledges himself to be the'- L&I of Foxbuilt, Inc.,
a Pennsylvania corporation and that he as such -�?,g,,�s�e, ,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
In witness whereof 1 have hereunto set my hand and notarial seal.
i
COMMONWEALTH OF PENNSYLVANIA
3 NO R A St EAL
Carrie Jean Singer,Notary Public
Lower Paxton Twp,Dauphin County
My commission expires September 01,1018
COMMONWEALTH OF PENNSYLVANIA )
):
COUNTY OF CUMBERLAND ) ss.
On this, the day of October, 2014, before me, the undersigned officer, personally
appeared,Paul F.Myers and Donna S.Myers,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, 1 hereunto set my hand and official seal.
&kd_(SEAL)
*NotaPuVbA1i!&
COMMONWEALTH OF-PENN LVANI
NOTARIAL SEAL
Anjanette S.Appleby,Notary Public
Carlisle Boro,Cumberland County
My Commission Expires Aug.27,Mill
MEMBER,PENNSYLVANIA ASSOCfAT10N OF NOTARIES
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Exhibit"A"(Legal Description)
ALL THAT CERTAIN tract of land situate in the Third Ward of the Borough of Carlisle,
Cumberland County, Pennsylvania, being Lot No. 16 as shown on the Final Subdivision and Land
Development Plan for Mooreland Mews prepared by Brehm-Lebo Engineering,Inc.,dated June 18,
2007, and revised October 1, 2007, and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania at Instrument No. 200739383, more particularly bounded and
described as follows:
BEGINNING at an iron pin set on the western right of way line of Parker Street(60 feet wide)at the
common corner for Lot No. 15 and Lot No. 16 as shown on the aforementioned final subdivision and
land development plan;thence along the western right of way line of Parker Street,South 15 degrees
15 minutes 00 seconds West a distance of 60.00 feet to an iron pin set;thence along the nrothern line
of Lot No. 17,North 74 degrees 45 minutes 00 seconds West a distance of 118.00 feet to an iron pin
set on the eastern line of Phillips Avenue (a 20 foot wide private right of way); thence along the
eastern line of Phillips Avenue, North 15 degrees 15 minutes 00 seconds East a distance of 60.00
feet to an iron pin set;thence along the southern line of Lot No. 15, South 74 degrees 45 minutes 00
seconds East a distance of 118.00 feet to an iron pin set, the Place of BEGINNING.
BEING THE SAME PREMISES which Mooreland Federal Development, LLC, a Pennsylvania
limited liability company, by Deed dated October 31, 2007, and recorded October 31, 2007, in the
Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument No.
200741397, granted and conveyed to Paul F. Myers and Donna S. Myers, husband and wife.
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