The URL can be used to link to this page

Home My WebLink About02-5120SHIPPENSBURG MARKETPLACE Owner-Plaintiff EICHELBERGER CONSTRUCTION Contractor-Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MECHANICS' LIEN NO. 5-12o _STIPULATION AGAINST LIENS The undersigned contractor, materialman or other entity or person furnishing services, labor or materials, known as EICHELBERGER CONSTRUCTION, INC, a Pennsylvania corporation (the "Contractor") intending to be legally bound, and in consideration of the sum of ONE AND NO/100 DOLLARS ($I.00) to it in hand paid by Shippansburg Marketplace, LP ("Owner") the receipt whereof is hereby acknowledged, for itself and any subcontractors, materialmen, laborers or anyone else acting through or under it, covenants and agrees that no mechanics or materialmen's liens or claims shall be filed or maintained by it, them or any of them, against the real estate described in Exhibit "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 furnished under the principal contract between Owner and Contractor, dated September 16, 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 itself, its subcontractors, materialmen, laborers and anyone else acting or claiming through or under it, hereby waives and relinquishes all right to file a mechanics' lien, claim or notice of intention to file any lien or claim against the Real Estate. The undersigned, for itself, its 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 it, them or any of them, in any such court and, in its 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 it 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 itself, and for them, does hereby remise, release and quit-claim all rights and all manner of errors, in filing such pleading, instrument or amendment, or in any way concerning them. Owner shall have the absolute right in their name(s) 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 wavers, 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 WHEREOF, the undersigned has caused the instrument to be duly executed as of the TWENTY-SECOND (22nd) day of OCTOBER 2002. WITNESS: tL[eresa A. Eichelberger CONTRACTOR: EICHELBERGER CONSTRUCTION INC Title~~~ EXHIBIT "A" (Attach Legal Description) 09&25/2002 1O:~ FAX 717Z~'f~auu OOVER Legal D~criplion of Property of Shippensburg Market'place, L.P. (Lot ~-4*o~f the Subdivision Plan for Mountain View) Located in Shippensb~rg Township, Cumberland County, Pennsy[vania ' Be~nning at a point in the Oenterline of B~ltimore Koa~l (S.R. 300.1'), at a common txopcr~y comer of Lot ~4 and Lot #5 0and~ now or late of G&C Associates); thence from said pohn o?begi~ni~g along [.et #5 (lands now or late ofG&C Associatez), North 47 degrce~ !8 n~inutes 12 seconds East, a diztamm: of 802.32 feet ~ a point at a ¢orm~ton . properly'comer of Lot ~4, Lot #5 (lands now br late ofi~&C Associates) and Lot #1 0. ands now or late of G&C Associates); thenc~ dong Lot #1 (lands now or late 0fG&C Assoc/ates),. South 43 degrees 12 minurgs 00 $¢¢on& Eazt, a distance of 555.50 feet t~ a point; 'thence continuing along Lot #i and along lands now or late of Wade and Linda Asper and l~.nds now or late ofOalm S. and. Jeanne A. Asper, South 47 degrees 18 minutes 24 seconds We~'a distance of 798.56 feet t~ a paint in the cmter~ne of Baltimore Road ($.R. 300.1); thc'nee along.said oenterlin¢ of Baltimore Road (S.tL 3001), North 43 degree~ 35 minutes 16 seoond, West, a distance of 555.50 feet to a point, said point being thc place of beginning. Said lot contains 444,608.51 square feet or 10.21 acres. **Incl~des Lots 4, 4A and 4B. ,~:2.'7 f'2'O 02 658 GAUMEF1 ~'3OAD . SUITE 100 ,. NEW CUMBERI,,A, ND, ¢'A 17070-2823 (71 7) 770-0100 r-AX (717)