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Home My WebLink About05-1909 o!; -/909 (YI "- 102-l STIPULATION AGAINST LIENS The undersigned contractor furnishing services, labor or materials, known as MARBAIN ASSOCIATES, L.L.P., a Pennsylvania limited liability partnership (the "Contractol") intending to be legally bound, and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00) to it in hand paid by MAX D. MARBAIN, an adult individual ("Ownel"), equitable owner of the Real Estate (as hereinafter defined) pursuant to a certain Installment Sales Agreement dated April 13, 2005 with the re rd owner of such Real Estate, UPPER ALLEN PARTNERS, L.P., a Pennsylvania limit d partnership ("Record Ownel") (the "Agreemenf'), a memorandum of which Agreem nt is recorded in Cumberland County Miscellaneous Book 1)\, , Page 3~1.'i, the re ipt whereof is hereby acknowledged, for itself and any subcontractors, materialmen, laborers or anyone else acting through or under it, covenants and agrees that no mechanics or materialmen's liens or claims shall be filed or maintained by it, them any of them, against the real estate described in Schedule "A", attached hereto and made a part hereof, or against any infrastructure, buildings or other improvements thereon (jointly and severally, the "Real Estate"), for or on account of any work to b done or materials furnished under the principal contract between Owner and Contr ctor, dated April 13, 2005, or under any supplemental contract, verbal or written, or contr ct for extra work or materials relating to and work to be done or material furnished un r said principal contract. The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting or claiming through or under it, hereby waives and relinquishes all right to file a mechanics' lien, claim or notice of intention to file any I n or claim against the Real Estate. The undersigned, for itself, its subcontractors, materialmen, laborers and an one else acting under or through it, hereby irrevocably authorizes and empowers any attorney of any court of competent jurisdiction of the Commonwealth of Penn sylvan a, or elsewhere, to appear as attorney for it, them or any of them, in any such court and, in its or their name or names, mark satisfied of record at the cost and expense of the undersigned, any and all claims, liens, any pleading or instrument, or any amendm nt to any pleading or instrument previously filed by it or them, to incorporate therein as p rt of the record this waiver and for such act or acts this waiver shall be good and sufficie t warrant and authority, and the undersigned for itself, and for them, does hereby re ise, release and quit-claim all rights and all manner of errors, in filing such pleading, instrument or amendment, or in any way concerning them. Owner shall have the absolute right in its name or in the name of the undersigned or any other entity or person who shall have filed a claim or lien, to ca se any and all such claims or liens to be discharged by any other instrument, pleading or proceeding permitted at law or in equity. The undersigned hereby avers, represents and warrants that work has commenced on Lot 43 of the Real Estate, that materials have been delivered to Lo 43 and that labor has been furnished for the improvement of Lot 43 by the undersigne and by the list of Contractor's subcontractors and materialmen attached hereto as Sche ule B. The undersigned represents to Owner that the attached list of subcontractor and materialmen represents all of the persons and/or entities with whom Contractor has executed subcontracts and that each of the said subcontractors has agreed to the t rms of this stipulation as evidenced by releases and waivers of liens executed and deliv red to Contractor by the said subcontractors and materialmen. The undersigned further agrees that it shall not enter into any additional cont acts with any persons or entities for work to be done upon or materials to be delivered to the Real Estate which are within the scope of the principal contract between Contractor and Owner for a period of ten (10) days following the recording of this stipulation agains liens. This stipulation is made and intended to be filed with the Cumberland Count Prothonotary in accordance with the requirements of the Mechanics' Lien Law of 19 3 of the Commonwealth of Pennsylvania. IN VVl1NESS WHEREOF, the undersigned has executed this instrument as f the _/3'<".ll day of April, 2005. WITNESS: CONTRACTOR: MARBAIN ASSOCIATES, L.L.P. By JJ~ Max D. Marbain, Managing Partner c jlM%1PM~ -? - SCHEDULE A THE REAL ESTATE ALL THOSE CERTAIN lots or parcels of ground situate in Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania, being identified as Lot Nos. 43 to 54 inclusive and Lot Nos. 88 to 111 inclusive on Glaize Orchards Stage 1 Final Subdivision and Land Development Plan dated May 4, 2001. as revised and recorded in Cumberland County Plan Book 88, at page 89, as supplemented in Plan Book 90, at page 92, the metes and bounds descriptions for which lots are incorporated herein by reference. BEING part of the premises conveyed to Record Owner in Cumberland County Deed Book 261, at pages 3986 and 3983. FURTHER BEING the same premises described in a certain Memorandum of Agreement dated April 13, 2005 between Record Owner and Owner recorded in Cumberland County Miscellaneous Book 11 It , Page J<ol.,'j . .. - SCHEDULE B LIST OF SUBCONTRACTORS AND MATERIALMEN Garman Plumbing (rough in) Benedict Electric (rough in) Keystone Framing and Flat Work (slab) David Stauffer (masonry) Westbrook Excavating, Inc. (excavating) _4_ 7J (:) ~ T"- -- \l ~ ~ Co D - --.) ~ r- -I:: }-J uJ ..{) -<) () f D !:- 8' r 12 '2 ~ o c; .-.:> ,;";:;> c:;.> ~.J'" ~ -;.'I;,) .- .>=" Sf, :1...,-.. rite -r::;\\\ ~;.)C) '>'.... " .~\ ~~.?\ ,_ _;1 --\\}\ :~A -0 --::' .-",. .- (..n oj;)