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HomeMy WebLinkAbout06-7296 STIPULATION AGAINST LIENS BRET 1. WHITCOMB and PEGGY SUE WHITCOMB, Owners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO: Ot.,-7f). q (, CUMBERLAND DESIGN & BUILDING CO., INC. , Contractor This instnunent is executed this 2Jh day of December, by Cumberland Design & Building Co., Inc., a Pennsylvania corporation.("Contractor") in favor ofBret J. Whitcomb and Peggy Sue Whitcomb ("Owner"). BACKGROUND: A. Contractor is a contractor within the meaning of the Mechanics Lien Law of 1963. B. Owner and Contractor have entered into a certain contract dated December 27, 2006 ("Contract") in connection with the construction of improvements on a parcel of ground known as 1615 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, more particularly described in Exhibit "A" hereto attached ("Property"). C. 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 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 mechanic's lien or other lien 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 oflien 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 ofthe Commonwealth ofPennslvania (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 of the 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 days after notice of such lien shall have been received by Contractor. IN WITNESS WHEREOF, Contractor has executed this instrument as of the day and year first above written. Contractor : CUMBERLAND DESIGN & BUILDING CO., INC. By: #"j!.-U ~ - W.R. Unger, President Commonwealth of Pennsylvania : ss County of Cumberland On this, the ~ 7 ~ay of December, 2006, before me, a Notary Public, personally appeared W.R. Unger, known to me to be the person whose name is subscribed, and who acknowledges himself to be the President of Cumberland Design & Building Co., Inc., a Pennsylvania corporation, and that he as such President, being authorized to do so, executed the foregoing statement for the purposes therein contained by signing the name of the corporation by himself as. In witness whereof I have hereunto set my hand and notarial seal. ~ A- r:;;j('rY1;J~' A / Notary Public NOTARIAL SEAL CORRINE L. MYERS, NOTARY PUBLIC CARLISLE BORO, COUNTY OF CUMBERLAND MY COMMISSION EXPIRES MAY 27, 2007 . EXHIBIT "A" ALL TRA T CERTAIN piece or parcel ofland situate in the Borough of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, designated as Parcel No.6 on a certain Land Subdivision Plan for Ritner Park Associates, dated August 5, 1982, and recorded in Cumberland County Plan Book 42, Page 78, bounded and described in accordance with said Land Subdivision Plan, as follows: BEGINNING at a point in the northern right of way line ofU. S. Route 11 (a 50 foot wide right -of-way) at the dividing line between the premises herein described and the western line of a 60 foot wide easement known as Industrial Drive (which 60 foot wide easement known as Industrial Drive (which 60 foot wide easement contains a paved cartway having a width of36 feet, more or less)); thence along the line of said U.S. Route 11, South 71 degrees 15 minutes West a distance of250.00 feet, more orless, to a point; thence North 17 degrees 50 minutes 30 seconds West a distance of3 05.00 feet, more orless, to a point; thence North 71 degrees 15 minutes East a distance of250. 00 feet, more or less, to a point on the line of the aforesaid 60 foot wide easement; thence along the line of said easement South 17 degrees 50 minutes 30 seconds East a distance of 305.00 feet to a point, being the point and place of BEGINNING. CONTAINING 1.7502 acres, more or less. BEING the same premises which Cozen Realty, L.P., a Pennsylvania limited partnership, by their deed dated October 19,2006, and recorded in Cumberland County, Pennsylvania Deed Book 277, Page 1187, granted and conveyed unto Bret 1. Whitcomb and Peggy Sue Whitcomb, his wife. F:\FILESIDA T AFILEIReal Estate\ 7874.8stip. wpd a Q . -:::r- ~- I ~ o G ~C) c-- <;:)'J 00 f:~-- 0 = _1tJ-~ 1*-. 1 ~ ~ {j~EQt >. 1,D ~~~: -,.,.., \..:: C") [-) LL~ - (n") ( :':~= {-I' t"., : , , , r- Cq ('-J LLJ (....) u: ~ 1....J 0 tL ~:::) ..~.:: c:::~) =~) C' ,,~,;.:;:. C) <:......