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Home My WebLink About05-4290 Oj~ q;J. q 0 IY)L h J...N.- STIPULATION AGAINST LIENS This instrument executed the ~';)...'" day of August 2005, by Cumberland Design & Building Co., Inc. ("Contractor") in favor ofR.E. Jordan II ("Owner"). WITNESSETH: A. Contractor is a contractor within the meaning of the Pennsylvania Mechanics' Lien Law of 1963. B. Owner and Contractor intend to enter into or have entered into a certain construction contract (the "Contract") respecting the performance by Contractor of certain work in connection with the construction of certain improvements and related work (the "hnprovements) on Owner's property located upon a parcel of ground owned by Owner located at 4 Foxtail Court, Hampden Township, Cumberland County, Pennsylvania, as more particularly described on Exhibit "A" attached hereto and made part hereof (the "Property"). C. Contractor has by the terms of the Contract and 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 Improvements or the Property or the estate or title of Owner in the hnprovements, or the Property or any part thereof (including, without limitation, any leasehold estate), 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 constituting the Improvements, or under any supplemental contract for extra work, or in the erection, construction or completion of the Improvements on the Propt:rty or any appurtenances thereto. NOW THEREFORE, in consideration ofthe Contract and the covenants of Owner therein contained, and the above recitals, and intending to be legally bound hereby, Contractor covenants and agrees as follows: I. Contractor, for itself and anyone else acting or claiming through or under it, does hereby waive and relinquish all rights to file a Mechanic's Lien or Notice of 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 hnprovements or the Property or any part thereof or the estate or title of Owner (including without limitation, any leasehold estate) in the hnprovements or the Property or the appurtenances thereto, or any curtilages thereto, by or in the name of Contractor or any subcontractor, materialman or laborer acting or claiming by, through, or under Contractor for work done or materials furnished in connection with the hnprovements or under the Contract or any subcontract or by any other party acting through or under them or any of them for and about the hnprovements or the Property, or any curtilages thereto, or any part thereof. J 2. This instrument waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the Improvements or under the Contract. 3. In order to give Owner full power and authority to protect itself, the Improvements, the Property, the estate or title of Owner therein (including, without limitation, all leasehold estates), and the appurtenances thereto and the curtilages 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 P]ij;NNSYLV ANIA, 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, TO MARK SATISFIED OF RECORD AT THE COST AND EXPENSE OF CONTRACTOR OR OF ANY SUBCONTRACTOR OR MATERIALMEN, ANY AND ALL LIEN OR LIENS FII,ED IN VIOLATION OF THE FOREGOING COVENANT, OR CAUSE TO BE FlLED 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 TIDS INSTRUMENT, AND FOR SUCH ACT OR ACTS TIDS 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 contained to warrant such action, and Contractor, for itself and for them, hereby promises, 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 such way concerning them. IN WITNESS WHEREOF, Contractor has executed this instrument as of the day and year first above written. ATTEST: CUMBERLAND DESIGN & BUILDING CO., INC. c~/cJw, Witness 1fV, Jl / U/Y)-A-/'- W. R. Unger, President COMMONWEALTH OF PENNSYLVANIA S,. " COUNTY OF CUMBERLAND On this, the ~ day of August 2005 before me, the subscriber, a Notary Public in and for the Commonwealth of Pennsylvania, personally appeared W. R. Unger , who acknowledge himselfto be the President of Cumberland Design & Building Co., Inc, and that he as such President, executed the foregoing instrument for the purposes herein. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and date first above written. My commission expires: ~flotf NOTAIIIAL SEAL ] JEFfREY L SCOTT NOTARY PUII.IC C\JMIlE~lANO COUNTY PENNS'/LVANU, MY COIIIolISSION EXPIRES JUI. Y 22.2OOl1 . Exhibit "A" TITLE !\.ppl i.cati on No. 1:'-212086 REPORT Di:lte, November 1, 1989 COmmonwealth Land Title Insurancoe Company Home Office: 8 Penn Center, Philadelphia,. Pennsylvania 19103 LEGAL DESCRIPTION M,l, 'fUAT CF.R'l'AIN t.I",lct of land situate in Hampden 'l'ownflhip, Cumberland County, llennsyl vi.'lnia, heing r,ot No. 39 as shown on II plan ft~(:itled Phase I Final subdivision Plan of Pinehurst, dated September 1.988, recol-dcd at Plan !look 57, Page 70, Cumberland County Hccor~s, rovt",~d by a plnn entItle Final Ro~ubdivision Plan of Pinchurnt - Phase I, dated i\.pril 1989, and recorded at Plan Book 53, l'.,g(,' 59. C\l~lhedanrl CO'lnty Ilecords, mOire piH'tiou lal" ly bounded and dOflcl'ihecl a" r<)llows, to wit: rmCINNtNG at. a point on I.he Northe,-ly :;idelin(~ of Foxtail COllrt, a fifty fool. (50') public ri.ght-of-,.ay /:it the dividing linn between Lot. No. 38 and I.ot No. 39 as :;hown on !>aid Plan; thOIlCQ by r,oL No. 30 North three degl'<!!e,; aighteen minutes zero !\ceonus We~t (N 03 10' 00" W), i'l distance Q! two hundr..d thirteen and fifty-fout' onc hundredLrH'l feet (213.54') to " point; thGnce hy r.<,(: No. 36 uS shown on ""i(l plan ~nd beyond NorLh seventy-six dCigr"lls twent.y-on'~ minutcs ei.sht second" W'~st (N 76 21' 08" W), " <listallcc of 1:wo: hllndrl\d (light.y-trll.'"ec and thil'Ly-seven ana hl1nc\redLh" (283.37') feet. 1:0 '^ lll,int; then<eo by land now or .forrnerly of pamay Development Co., Inc. South four deyrccs fifty minul.es Lour seoonds r::<lst (S 04 50' 04" Ell, a distance of sevClnl;y-t.hro'c ;lOd "i.xl..y-six oon hundredths feet (73.66') to a k'oint; thence lJy the "ame South sjx degrees thirty-one minut.es \:",n l';'lcond" West (R 06 31' 10" W), a distoncp. of one hundred twenty-foul' and fifty-nine one hundredths feet (124.59') to a point; thence l,y Lot No. 40 a l'lho\~n on "aid plan SouLh sixty-three degrees fifty-five minuteR twenty-four sccond~ East (8 63 55' 24" EI, A distance o[ one hundred ninety-four and Lld.rty 'lilt) hundredths feet <194.30') to a point on the westerly rd<!<dirw of Foxtail Court; thencn hy ",oxt.ilil Court hy tho al'C of n curve to the right hDvlng a radius of sixty feet (60'), an in"c lcng\.h of one hundnld twenty Ceet (120') 1.0 a point.; thence hy tha some hy the arc of a ourvc to tho left having a radius of twenty-five f.~ot (25'), an arc Icngth of Lwenty-th'",,,,, and fif1.y-fiv"onc hundredth.. feet (23.55') to a point, Lho place or BEGINNING. COW~^lNING 60,401.88 square feet. Known and numbered as 4 Foxtail Court. BEiNG PM\'l' OF 'rUE SlIMll PREMISr.S WlllCH Pllmay Development Co.. In(:., .l Penny.lvauia Corpol'ation, l.y Deed elated ~'ebruary 8, 1909 and recorded February 0, 1989 in the Recorder of Deeds Office in and f.l'!: Cumberl,lnd County, I'a., in Deed 13001, U-33, P;1gC 544, gl''''nted 'Ind convoyed unto Pamay D(>velof'ment Co., InC'). e t (\ ~ - 6"- ~ ....1 V, ..j -+ -{ r q ~" ....' c.~ ;;;;.;> cJ' 7c. C. G' ,,) f'-' q, -' ~~ -o\:D ~r1, ~'::~,}. :j;.'\ ..-o'~-~l6 :;t. ~)5(n _ '::.A t? 0-' :'l .- -