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HomeMy WebLinkAbout02-3147STIPULATION AGAINST LIENS The undersigned contractor, materialman or other entity or person furnishing services, labor or materials, known as RUSSELL C. GOODLING, an adult individual (the "Contractor") intending to be legally bound, and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) to it in hand paid by DAVID B. DISNEY AND DOROTHY S. STEWART, adult individuals (collectively, the "Owner") the receipt whereof is hereby acknowledged, for himself and any subcontractors, materialmen, laborers or anyone else acting through or under him, covenants and agrees that no mechanics or materialmen's liens or claims shall be filed or maintained by him, them or any of them, against the real estate described in Schedule "A", attached hereto and made a part hereof, or against any buildings or other improvements thereon (jointly and severally, the "Real Estate"), for or on account of any work to be done or materials famished under the principal contract between Owner and Contractor, dated June 10, 2002, 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 himself, his subcontractors, matefialmen, laborers and anyone else acting or claiming through or under him, hereby waives and relinquishes all fight to file a mechanics' lien, claim or notice of intention to file any lien or claim against the Real Estate. The undersigned, for himself, his 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 him, them or any of them, in any such court and, in his 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 him 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 himself, and for them, does hereby remise, release and quit-claim all fights and all manner of errors, in filing such pleading, instrument or amendment, or in any way concerning them. Owner shall have the absolute fight in their 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 and no labor or materials have been delivered to the Real Estate or furnished for the improvement of the Real Estate by the undersigned or by any subcontractor, materialman, laborer, or other person or entity, and that no authorization has yet been given by the Owner to the undersigned to commence work or purchase materials in connection with the Real Estate. 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 ~W~REOF, the undersigned has caused this instrument to be duly executed as of the ~t~ day of June, 2002. CONTRACTOR ~.USSEr, L C. GOOI~ING ,,4 (SEAL) ALL THAT CERTAIN Lot in the property known, named and identified in the Declaration, referred to below, as "Lindenwood, a Planned Community,- located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A. Sections 5101 e_&t seq., by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration for Lindenwood, a Planned Community ("Declaration,,), dated August 28, 1997, recorded August 28, 1997, in Miscellaneous Book 555, Page 806, and as amended by First Amendment to Declaration for Lindenwood, a Planned Community ("First Amendment,,), dated April 28, 1999, recorded April 28, 1999, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 611, Page 193, designated in such Declaration (as amended by the First Amendment) as Lot No. 26 (Identifying Number), described in Section 2.2 of the Declaration (as amended by the First Amendment) and shown (and described) in Exhibit E of the Declaration or Exhibit B-1 of the First Amendment. CONTAINING 0.51 acres, more or less. BEING LOT NO. 26, Final Subdivision Plan of Phase II, Lindenwood, dated December 1, 1998, last revised April 14, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 78, Page 121.