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Home My WebLink About05-3556 STIPULATION AGAINST LIENS v. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA J.z>>w.. 05" SS~, IY) ~ll 4815 ASSOCIATES, LLC, Owner TYBEC, INC, Contractor This instrument is executed this 31st day of May, 2005, by Tybec, Inc., a Pennsylvania business corporation ("Contractor"), in favor of 4815 Associates, LLC, a Pennsylvania limited liability company ("Owner"). WITNESSETH: 1. Contractor is a contractor within the meaning of the Mechanics Lien Law of 1963. 2. Owner and Contractor intend to enter into a certain contract ("Contract") in connection with the renovation, construction and alteration of the property, ground, building and premises on a parcel of ground known as 4815 East Trindle Road, Mechanicsburg, Pennsylvania, as more particularly described in Exhibit "A" attached hereto and incorporated herein (hereinafter, the "Property"). 3. Contractor has, by this instrument and the promises contained herein, covenanted, promised and agreed that no mechanics' or materialmen's liens 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' or materialmen's lien, or notice of intention to file any lien, and does hereby covenant, promise and agree that no mechanics' lien or other lien of any kind whatsoever shall be filed or maintained against the estate or title of Owner in the 1 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 ofthe 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 of the 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 often (10) days after notice of such lien shall have been received by Contractor. 2 IN WITNESS WHEREOF, Contractor has executed this instrument as of the day and year first above written. Signed, Sealed and in the presenc IVe (... ybec, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF Do-v f ~ -:: l'\ On this, the ~,~ day of May, 2005, before me, a Notary Public, personally appeared -r", ~ lrv, S!-"e (yYV~ ,kno to me to be the person whose name is subscribed, and who acknowledges himself to be the " C' ~ of '-r;; bee T, ' a Pennsylvania corporation, and that he as such r e .s _ , betngauthorized to do so, executed the foregoing statement for the purposes therein contained by signing the name of the corporation. : SS In witness whereof! have hereunto set my hand and notarial seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CHERYL L. NEARHOOD, Notary Public Derry Twp., Dauphin County M Commission Expires Oecember 25, 20Q7 ~ ~iL~,~~ Notary Pu ic 3 EXHIBIT "A" ALL THAT CERTAIN two pieces or parcels ofland situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: LOT NO.1: BEGINNING at a point in the center of the Trindle Road; thence by lands now or formerly of A. W. Hoffer, now or late of William C. Bridge, North 24 degrees West three hundred sixty-two and eight-tenths (362.8) feet to an iron pin at corner of land now or formerly of Mary Keebaugh Estate, now or late of Harry M. Weitzel; thence by said lands North 77 degrees 45 minutes East two hundred eighty-one and eight-tenths (281.8) feet to a stone at corner of lands now or formerly of John Simmons, now or late of Francis Kerstetter; thence by said lands South I degrees 10 minutes East three hundred thirty-one and sixty-five one-hundredths (331.65) feet to an iron pin, the center of the said Trindle Road; thence by the line of the center of said Trindle Road South 66 degrees West one hundred forty-seven and five-tenths (147.5) feet to a point, the place of BEGINNING. CONTAINING one (I) acre and one hundred six (106) perches more or less BEING part of Plot No. 13 on the Plan of Lots as laid out by Mumma and Riegel, and adopted by Emandar Realty Company, as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 99. The above premises has erected thereon a dwelling house known and numbered as 4815 East Trindle Road, Mechanicsburg, P A 17055. LOT NO.2: BEING a lot on Trindle Road, being Lot 945-C-l. BEING the same premises which Mildred S. Spidle by her Deed dated July 1,2004 and recorded July 7, 2004 in Cumberland County Deed Book 264, Page 176, granted and conveyed to 4815 Associates, LLC, Mortgagor herein. f:\FILES\DA T AFILE\Members I 51 I ] 470\Current\S\5 _Slip 4 ~ <0. - - "'<\ G'- ~ ~ ..... ~ - -1 ~~ - I.J"', \~ o c: J ~ f ~ , s r-' C~, c'.~ <.f' 2:: r ~ q. ..... .r:..,., r-1.tf~,\ -01-, _ -.?c,..; x:- ;, ~:?~ ~~J. ~~;::), - .' ''0 ;;:" '.4 - ..... ------