HomeMy WebLinkAbout03-0139GIANT FOOD STORES LLC, and
Shippensburg Market Place, L P
c/o ACL Realty
Owner-Plaintiff
Name of Contractor:
: IN THE COURT OF COMMON PLEAS
· Cumberland (county), PENNSYLVANIA
: MECHANICS' LIEN
: NO. O?-/39 rqCt
Eichelberger Construction Co., Inc.
Contractor-Defendant
STIPULATION AGAINST LIENS
The undersigned contractor, materialman or other entity or person furnishing services,
labor or materials, known as Eichelberger Construction Co., Inc. (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 GIANT FOOD STORES LLC and Shippensburg Market Place. L P c/o ACI,
Realty ("Owner") the receipt whereof is hereby acknowledged,/'or 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 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 t~.~'ni, shed under the principal contract
between Owner and Contractor, dated Ntav~mb~r 28 V~'~, 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, materiahnen, laborers and anyone else acting or clainfing 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.
Thc uudersigned, 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 mnendmcnt 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 sufticient warrant and authority, and the undersigned for itself, and for them,
does hereby rcmisc, release and quit-claim all rights and all manner of errors, in filing such
pleading, instrumenl t)r 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 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.
1N WITNESS WHEREOF, the undersigned has caused this instrument to be duly
executed as of the 28t,It day of N?vember q~'~4a~'' , 2002.
WITNESS:
CONTRACTOR:
Eichelberger Construction Co., Inc.
Tit I e~t~_,,~ c e P~e sident-Es t imat ing
SCHEDULE "A"
(Attach Legal Description)
D.ITOt* 15;tipsHol nl
Le?~ ~)eScr~p~i,a o
Pro~rty ofsh~pp nsbur~ Mar
Located in ~ ~vmnntain View)
Cum'Shippeasburg Tow- -.
Oerland Con.~.
~d Poin' x~ OtLot ~ ~d )-~ :. ~m~e of Bal~-- _
&~grees 18 ~- (~g along r.ot ~5 ~ . no~ or late of~ ~ (S.R. 300t.), at
prope . u~es 12 Secon . uaads now n.
No~ 43 ~aoad (S.R. 300D. m~ncc °f798.56 fc~ ~ a, ASper, Sou~ 4~e
n~;,, [ ue~eos 35 m/~...2 .... uuce alon~ s~;a ~ m a Po~t in _ ' uegrees 18
~'~ oe~ .L . '"',,utes ] 6 ~, o, ~,u o~t~o- t~C C~*~-~' .
o ~ac Pl~e of~ · °cCoads We-- . ~,~me of~__ ~"!~e. of
. oeg~i~' % a ~S~cc
S~d lot co-- ' or)ss. 50 feet m a 2~2~' 3~1),
1 squ~ Feet ~ 10.21 acres.
)el°al'ts Lot:s 4, 4A and 4~.