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HomeMy WebLinkAbout98-03532 9 ~ -.353?-' STIPULATION AGAINST LIENS 11!e undersigned conlractor, malerialman or olher enlity or person furnishing services, labor or materials, known as LETTERMEN. INC., a Pennsylvania cnrporalion (the "COII/TlIl.tar") intending to be legally bound, and in consideration of the sum of ONE AND NO/IOO DOLLARS ($1.00) 10 il in hand paid by SUSQUEHANNA HOUSING OPPORTUNITIES CORPORATION, a Pennsylvania non-profit corporation (the "Owner") the receipt whereof is hereby acknowledged, for itself and any subcontractors, materialmen, laborers or anyone else aCling through or under it, covcnanls and agrccs thaI no mcchanics or malcrialmen's liens or claims shall be filed or maintained by it, them or any ofthem, against the real estate described in Exhibit "A". allached hereto and made a part hereof, or against any buildings or other improvements thereon Uointly and severally, the "Real Estate"), for or on account of any work to be done or materials furnished under the principal contract between the Owner and the Contractor, dated May 13, 1998, or under any supplemenlal conlract, verbal or wrillen, or contract for extra work or materials relating to and work to be done or material furnished under said principal contracl. 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 Estale. The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting under or through it, hereby irrevocably authorizes and empowers any allomey of any court of competent jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appear as allorney for it, them or any ofthem, 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. The Owner shall have the absolute right in its name or in the name of the undersigned or any other entity or person who shall have filed a claim or lien, 10 cause any and all such claims or liens to be discharged by any other instrument, pleading or proceeding permitted at law or in equity. TIle 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 WHEREOF, the undersigned has caused this instrument to be duly executed as of the JL day of June, 1998. ATTEST: LETTERMEN, INC. By: J~esidQ~ SUSffU&/A/.J/./A fhot.v(;. OPPo~1UJ;III€..S Cb.R.ft?~..\,'iio..v ,~ -;, (;1I4A.~1J-ul~'~ ~: ~/lt~lt!-- t0JrL~' tt/-J rk, , . I NORTH NEWTON HILLS I PARCEL A. LOT# 2 BEGINNING at a point on the Western right-of-way line of Sir William Drive, said point being located and referenced at the common corner of Lots 1 and 2 and North 25 degrees 02 minutes 39 seconds West, a distance of 108.83 feet from the Northern end of an arc connecting the northern right-of-way line of Carlisle Avenue (T-403) with the Western right-of-way line of Sir Williams Drive; thence on the common property line of Lots 1 and 2 South 64 degrees 57minutes 21 seconds West, a distance of 100.00 feet to a point on the Eastern line of a 15 foot unopened alley; thence along the same North 25 degrees 02 minutes 39 seconds West, a distance of 112.00 feet to a point on the common property line between Lot 2 and 3; thence along said line North 64 degrees 57 minutes 21 seconds East, a distance of 100.00 feet to a point on the Western right-of-way line of Sir William Drive; thence along the Western right-of-way line of Sir Williams Drive, South 25 degrees 02 minutes 39 seconds East, a distance of 112.00 feet to a point, the place of BEGINNING. Being Lot 2 on the plan of lots of North Newton Hills I, Parcel A by Act One Consultants, Inc., dated as finally revised May 13, 1993. Containing 11,200 square feet. i I I 1 I NORTH NEWTON HILLS I PARCEL A. LOTH 8 BEGINNING at a point on the Eastern right-of-way line of Sir William Drive, said point being located and referenced at the common corner of Lots 8 and 9 and North 25 degrees 02 minutes 39 seconds West, a distance of 106.59 feet from the Northern end of an arc connecting the Northern right-of- way line of Carlisle Avenue (T-403) with the Eastern line of Sir William Drive; thence along the Eastern right-of-way line of Sir William Drive North 25 degrees 02 minutes 39 seconds West, a distance 112.00 feet to a point on the common property line of Lots 7 and 8; thence along said line North 64 degrees 57 minutes 21 seconds East, a distance 113.24 feet to a point on the line of lands now or late of David M. Hutton; thence along the line of David M. Hutton and along lands now or late of others South 18 degrees 18 minutes 07 seconds East, a distance of 112.78 feet to a point on the common line of Lots 8 and 9; thence along said line South 64 degrees 57 minutes 21 seconds West, a distance 100.00 feet to a point, the place of BEGINNING. Being Lot#8 on the plan of lots of North Newton Hills 1. Parcel A by Act One Consultants, Inc., dated as finally revised May 13, 1993. Containing 11,942 square feet. " ,) u i' " ., I 'I rL ;" ~~ c c - <JJ ~dD 'l.IC\ CftJ r 01 '- c:: (~ - '>-- - C' ~~: ...Q ~ U.l-.: :R t. I" e:.'. ..... '.. -..r II -' t.t.. ~';' C6 I'.. " 0- ( \< ~ -.J 11' C, .' . '" Li.~ : . ~ 1\: 1l: i " , ,- <:> (.L. ..r: ~ ~ 0 (";; -, c:r C; -C - <.J r::J.