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STIPULATION AGAINST LIENS
The undersigned contractor furnishing services, labor or materials, known as
LEON E. WINTERMYER, INC., a Pennsylvania corporation (the "Contractot") 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 ("Ownet"), the
receipt 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 or
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 Qointly and severally, the "Real Estate"), for or on account of any work to be
done or materials furnished under the principal contract between Owner and Contractor,
dated June 16, 2005 and accepted by Owner on June 22, 2005, or under any
supplemental contract, verbal or written, or contract for extra work or materials relating
to and work to be done or material furnished under 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 lien or claim against the Real
Estate.
The undersigned, for itself, its subcontractors, materialmen, laborers and anyone
else acting under or through it, hereby irrevocably authorizes and empowers any
attorney of any court of competent jurisdiction of the Commonwealth of Pennsylvania, 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 amendment to
any pleading or instrument previously filed by it or them, to incorporate therein as part of
the record this waiver and for such act or acts this waiver shall be good and sufficient
warrant and authority, and the undersigned for itself, and for them, does hereby remise,
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 cause
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 no work has
commenced on the Real Estate, that no materials have been delivered to the Real
Estate and that no labor has been furnished for the improvement of the Real Estate by
the undersigned.
This stipulation is made and intended to be filed with the Cumberland County
Prothonotary in accordance with the requirements of the Mechanics' Lien Law of 1963
of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the undersigned has executed this instrument as of
the Z 1 +Y\ day of June, 2005.
ATTESTIWITNESS:
CONTRACTOR:
LEON E. WlNTERMYER, I
By
N e. L--eon 8:. W\()\-c)'(ml;\e~
Title: Y< es\d-ef\+
cNj)arJutJ ::h fJ.H1rl .
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SCHEDULE A
THE REAL ESTATE
ALL THAT CERTAIN PARCEL OF LAND SITUATE IN SILVER
SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA,
CONTAINING 3.931 ACRES MORE OR LESS, AS DEPICTED ON
A CERTAIN FINAL SUBDIVISION PLAN OF EVERGREEN
SUBDIVISION PHASE 3C PREPARED BY HARTMAN AND
ASSOCIATES, INC. DATED OCTOBER 12, 2004, AS
SUBSEQUENTLY REVISED AND RECORDED IN CUMBERLAND
COUNTY PLAN BOOK 90, PAGE 138, THE PERIMETER METES
AND BOUNDS DESCRIPTION OF WHICH IS ENCORPORA TED
HEREIN BY REFERENCE.
FOR BACK TITLE, SEE CUMBERLAND COUNTY DEED
BOOK 0, VOLUME 30, PAGE 1093.
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