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HomeMy WebLinkAbout05-4706 STIPULATION AGAINST LIENS KIRK W. McCRACKEN and, MARK K. McCRACKEN Owner IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA v. 05-470/' MlO W.S. MILLER & SONS, INC. Contractor This instrument is executed this 26th day of August, 2005, by W.S. Miller & Sons, Inc., an a Pennsylvania corporation ("Contractor"), in favor of Kirk W. McCracken and Mark K.. McCracken, adult individuals ("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 3801 Market Street, Camp Hill, 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 1 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 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 of ten (10) days after notice of such lien shall have 2 been received by Contractor. IN WITNESS WHEREOF, Contractor has executed this instrument as of the day and year first above written. Signed, Sealed and Delivered in the presence of: Contractor W.S. MILLER & SONS, INC. BY:~,~ N~ ~ " (~S5EL Title: \)RE6I.() f-~T Name: Owner ~&~?J Kirk W. McCracken ./'----- Cc - ~I.-L~~ L~,\ Mark K. McCracken ACKNOWLEDGMENT COMMONWEAL TH OF PENNSYLVANIA ) : ss. COUNTY OF Cum \)('11" land ) On the 2lo +.\1 day of August, in the year 2005, before me, the undersigned, a Notary Public in and for said Commonwealth, personally appeared Bar r~ ~'V. Cass:'el personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. COMMONWEALTH OF PENNSYLVANIA . > Notarial Seal Krlstm H. Messick, Notary Public Lower Allt::n Twp., Cumberland County My CommIssIOn Expires Oct. 29, 2007 Member, Pennsylvania Association of Notaries ~+ }' h fl, c.-fJ7 -P .Lid J '{b Notary Public 3 COMMONWEALTH OF PENNSYL VANIA ) COUNTY OF Cvmbcrlavzd : ss. ) On the 2lv th day of August, in the year 2005, before me, the undersigned, a Notary Public in and for said Commonwealth, personally appeared Kirk W. McCracken and Mark K. McCracken.. personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ~r1 1-1. v/lWd/{;/<--- Notary Public F:\FILES\DATAFILE\Memberslstl1470\FILES\Current\19.Stip COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kristin H. Messick, Notary Public Lower Allc::n ,!,wp., Cumberland County M CommIssIOn Ex ires Oct. 29, 2007 Member. Pennsylvania Association of Notaries 4 EXHIBIT "A" ALL THAT CERTAIN house and lot of ground situate in the Township of Hampden, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southerly line of the Carlisle-Harrisburg Highway, U.S. Route No. 11, at the dividing line between Lots Nos. 10 and 11 of Block "F" of the hereinafter mentioned Plan of Lots; thence by the Southerly line of said public highway in an Easterly direction, 120 feet to a point marked by a stake; thence in a Southerly direction along the Westerly line of a proposed 38th Street as shown on said Plan, 200 feet to a point on the dividing line between Lots Nos. 12 and 13 of Block "F" of said Plan; thence by said dividing line in a Westerly direction and continuing by the dividing line between Lots Nos. 11 and 14 of Block "F" on said Plan, 120 feet to a point; thence in a Northerly direction by the dividing line between Lots Nos. 10 and 11 of Block "F" of said Plan, 200 feet to a point on the Southerly line of the first mentioned public highway, the Place of BEGINNING. HAVING thereon erected a single ranch-type dwelling with attached garage, known and numbered as 3801 Market Street, Camp Hill, Pennsylvania. BEING Lots Nos. 11 and 12 of Block "F" on a Plan of Lots known as Hampden Gardens, Plan No. 2, as laid out by Joseph A. Wagner and Leroy A. Kohler, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 4, Page 71. ~'"~---"",.-_._-~'_.-~ ." .-,..,., r--..} c:::> n ~::; -n (/; ~~ I" C) ;~ :. ~ f;ft V 9- :"" ,< ~ ~ ~~1t-'. 'D ."% %c:S 8' r 3~ ~ (1) '-^l b ~ '1 en V\ -r (ft ~ -::t: - (t> 3- (b ~ . - ~".",_....' ~ r<'