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HomeMy WebLinkAbout98-07216 f( 1S - 7c) /(.{' IdeO WHEREAS, WE THE SUBSCRIBERS are the general or subcontractors, materialmen, or other persons furnishing services or labor or materials, as indicated under our respective signatures below, in the construction or repair of improvements upon real estate owned by CARLISLE HOSPITAL AND HEALTH SERVICES, hereinafter referred to as "Owner," and subject to a Ground Lease in favor of SHIPPENSBURG MEDICAL REAL ESTATE, LLC, hereinafter referred to as "Ground Lessee" and described as follows: ALL THAT CERTAIN tract or parcel of land situate in Shippensburg Township, County of Cumberland and Commonwealth of Pennsylvania, boing Lot No, 18 on a subdivision plan for William A. Swope, said plan being recorded in Plan Book 74, Page 99 in the Office of Recorder of Oeeds of Cumberland County, Pennsylvania, said Lot being more fully bounded and described as follows: BEGINNING at an existing railroad spike, set in the centerline of State Route No. 0174, (Walnut Bottom Road!. at corner of lands nOVJ or formerly of A,P, Hotels of PA, Inc., (being Lot No, 17 on Plan of Lots recorded in Plan Book 70, Page 90); North 01 degree, 38 minutes, 15 seconds East, 458,26 feet to a concrete monument in line of other lands of William A. Swope; thence by said lands of Swope, South 88 degrees, 21 minutes, 45 seconds East, 710.91 feet, to a concrete monument; thence by same South 01 degree, 38 minutes, 15 seconds West, 412,73 feet, to a railroad spike in the center of Walnut Bottom Road; thence with the center of said road, on a curve to the left having a radius of 2292,91 feet, a chord bearing of South 78 degrees, 48 minutes, 49 seconds West, a distance of 205,12 feet to an existing railroad spike in the center of said road, the place of BEGINNING, CONTAINING 1.851 acres. AND WHEREAS, in consideration of the execution of this Release of Liens, Conestoga Title Insurance Company as agreed to insure mortgagees, assignees of mortgagees, and other applicants to the title of the above described premises, against loss by reason of unfiled Mechanics' Liens. NOW THEREFORE, BY THESE PRESENTS, WITNESS, That we, in consideration of the sum of $1 00, to each of us in hand paid, receipt whereof is hereby acknowledged, and other benefits accruing to us, we do hereby waive, release and quit-claim in favor of the owner or owners of said real estate, Conestoga Title Insurance Company and each and every party making a loan on said real estate, as improved, and his or its successors and assigns, all right that we, or any of us, may now or hereafter have a lien upon the land and improvements above described, by virtue of the laws of the state wherein said land is situate, or any amendments of said laws; and we do further warrant that we have not and wiil not assign our claims for payment, nor our right to perfect a lien against said property, and that vIe have the right to execuW this waiver and releilse ttwreo!; PROVIDED, that nothing herGin , I l.'..' " .- , " '. .. > ~. , '. . . , " , 'Fl:'" ::. :~;il2.; ~Z:l::6:,:':':':';' ,~SS'::, Woco Aile" &Rshal 717 612 '5805 :;'.8?;9 f. ,12GE 7 proceed by summons to jUdgment, or by ordlnery suit at law, to r&COVIl( anv unsettled c:lllim agalnlt the said Owner but simply to relitraln them, or either or any of thom from 1111ng liens against the Owner under the Mechanics' Wen L.aw. AND, all the subscribers to this In.trument hllreby authorize and empower any Attorney of eny Court of Record In Pennsylvsnla to oppear for us. or either of us riling such lien or lillns in defianCe hQreof, and thrareupon without notice to us. to enter slItlSfGction on the Racotd, or such lien or lien' to the oxtent that the said prem\5es in question 61lall be effectually and completely relieved from the operetion of such lien or liens, and In ardor to do this or a trUB ~opy hereof, shall be II sufficient warrent: and further, we, and each of us, co fully release and exonerate such Attorney from Bny and allllCtlon or actions, we, or either or any of us may hove by reason of such entry of _atlsfaction. This warrant of Attomey shall not be exhausted by one exercise thereof but shall remain in full force and effect and may be exercised liS many times as may be necessary to secure the satisfaction of record of lIn,! lien nr liens tiled by us or bV IlnV of us. IN WITNESS WHEREOF, we have set our hands and seals on the anached signature page, considered to be incorporated herein, the day each signatory has Indicated thereon, ,$ lBv (Vlcel President C,A, Helman Excavlltlng, Inc. I . ($ IB\lOL\v,~CJ. ~leV~ (Vice) President Lober Associates, Inc. Trostle Mesonrv Contractors Eisenhart Joists & Dec~s. Inc. J.L l8v Ll. 'By (Vice) President (Vice) Preiident H.L.. Stonaberger Plumbing 8< Hillring, Inc, C.L. Heiges Electrical Services (. IBv (4 lBy (Vice) President (Vice) Prasldunt Tri.Boro Concrete. Inc, VelllY Quarries, Inc. .6: \Av IS ISv (ViCel President IVlco) President FIGI~"ork Concrete, Inc, {S lBv 1$ IBv (VICO) Pr.lidot'lt (Vlcal President . i . ! CORRECTION I i . 1 I I I , I , J I I i I I , !\II lIP ~ -.. --.. IIlIIII _ .. II .....1IIiI .. -- __.._". . 11__ .'. · III-rw... .... I · ........11....-.. ~I~- I I .'..... - "'''I!-,.- II ~..... .,..~ 11IIIIIflllr .-:--.' .IL :.. I.. I. I. -. .'.........,.... _. _II.BI"..-.., ....,.., I. 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Previous Image Refilmed to Correct r Possible Error proceed by summons to judgment. or by ordinary SUit at law, to recover any unsettled claim against the said Owner but simply to restrain thom, or either or ilny 01 thom from 'filing liens against the Owner under the Mechanics' Lien Law, AND. all the subscribers to this instrument hereby authorizo and empower any Attorney of any Court of Record in Pennsylvani~ to ~J'Ipear for us, or either of uS liling such lien or lienS in defiance hereof, and thereupon without notice to us, to enter satisfaction on the Record, or such lien or liens to the extent that the said premises in question shall be effectually and completely rcliewd from the operation of such lien or liens, and in order to do this or a Hue copy hereof, shall be a sufficient warrant; and further, we, and each of us. do fully release and exonerate such Attorney from any and ail action or actions, we, or either or any of uS may have by reason of such entry of satisfaCtion. Tllis warrant of Anorney sl",all not be exhausted by one exercise thereof but shall remain in full force and effect and may be exercised as many times as may be necessaty to secure the satisfaction of record of any lien or liens filed by us or by any of us' to IN WITNESS WHEREOF, we have set our hands and seals on the attached signature page, considered to be incorporated herein, the day each signatory has indicated thereon, L$ ISv l~_._ IBy (Vicel Prosident 1 rr~:, I ' i '1 Lobar Associates. Inc. a.A, Helman Excavating. lnc, (Vice) President Trostle Masonry Contractors E1sonhart JoistS 8. Decks, Inc. i.L IBy -~.,---_..---- W::l,J)5iVwJ1J~o.. .,2.dh-M-<-- (Vice) President (Vicel PreSident ; H.L. Stoneberger Plurnbir'\9 & HeMing, lnc, D.L. Heiges Electrical Services 19 lBlI l~- 113Y (Vice) President (Vlco) Ptesident Tri.Boro Concrete, Inc, Valley Qurmles, lnc, IS IBv .-.--. - Li.. \Bv (Vlcel President [Vi eel President FllltwOrk Concreto. Inc. ~--_. ISv 1$ \By (vice' PreSI<l"nt (Viclll Pre5ident . .' " ,.\ '.. '" " . oJ' , '. proceed by summons to judgment, or by ordinary suit at law, to recover any unsettled claim against the said Owner but simply to restrain them, or either or any of them from filing liens against the Owner under the Mechanics' Loien Law, AND, all the subscribers to this instrument hereby authorize and empower any Attorney of any Court of Record in Pennsylvania to appear for us, or either of uS filing such lien or liens in defianCe hereof, and thereupon without notice to us, to enter satisfaCtion on the Record, or such lien or liens to the extent that the said premises in Question shall be effectually and completely relieved from the operation of such lien or liens, and in order to do this or a true copy hereof, shall be a sufficient warrant; and further, we, and each of us, do fully release and exonerate such Attorney from any and all action or actions, we. or either or any of us may have by reason of such entry of satisfaCtion. This warrant of Attorney shall not be exhausted by one exercise thereof but shall remain in full force and effect and may be exercised as many times as may be necessary to secure the satisfaction of record of any lien or liens filed by us or by any of us' IN WITNESS WHEREOF, we have set our hands and seals on the attached signature page, considered to be incorporated herein, the day each signatory has Indicated thereon, Lobar Associates. Inc, O,A, Helman Excavating. fnc. 1$ ,\Bv ($ IBy (Vicel President IVice) President Trostle Masonry Contrac:torS Elsqnhart Joists & Decks, Inc. i.L. IBy l1..- IBv (Vice) President IVicel Preside t H.L. stoneberger0tl ~~. 'n9 }~e Ii /~Jnc. / / t.. '1/.. ) 1$ ley I [,~j </_ .' ,1//v1/ / (VIce I President D.L. Heiges Electrical Services IBy 1$ (Vicel President Tri.80ro Concrete, Inc, Valley Quarries, Inc. l~ l~v jS IBv (Vice I President (Vice) President Fllltwork Concrete, Inc. j$ IBv J..L lBv (Vic!!) President (Vice) Presioent ...-----....--- ....-.........."' .-----.---------.... ,'- , .' ",,'.'.".', ," I .'. ". ;... , ' FILE No, 066 12/16 '98 16:39 ID:Keefer Wood Allen &Rahal 717 6125805 PAGE 7 proceed by summons to judgment, or by ordinary suit at law, to recover any unsettled claim against the said Owner but simply to restrain them, or either or any of them from filing liens against the Owner under the Mechanics' Lien Law, AND, all the subscribers to this instrument hereby authorize and empower any Anorney of any Court of Record in Pennsylvania to appear for us, or either of us 'filing such lien or liens in defiance hereof. and thereupon without notice to us. to enter satisfaction on the Record. or such lien or liens to the extent that the said premises in question shall be effectually and completely relieved from the operation of such lien or liens. and in Oidar \0 do this or ;) true copy hereof. shall be a sufflciant "w;rr<lnt; and further. we, and each of us, do fully release and exonerate such Attorney from any and all action or actions. we, or either or any of us may have by reason of such entry of satisfaction. This warrant of Anorney shall not be exhausted by one exercise thereof but shall remain in full force and effect and may be exercised as many times as may be necessary to secure the satisfaction of record of any lien or liens filed by us or by any of us, IN WITNESS WHEREOF. we have set our hands and seals on the attached signature page, considered to be incorporated herein, the day each signatory has indicated thereol1. Lobar Associates. Inc, ($ lBv (Vice) President D,A. Helman Excavating. Inc, ( $ lBv (Vice) President ,.' " ,', . ~:. :.: . " '. ' " - ,. ,~.' , Trostle Masonry Contractors I~ lBv (Vice) President H.L. Stoneberger Plumbing & Heating, Inc. ($ IBv (Vice) President Tri.Boro Concrete. Inc, 1$ lBv (Vice) President FI8twOrk Concrete. Inc, ($ IBy (Vice) President Eisenhart Joists & Decks, Inc. ii.... IBy (Vice) President Valley Quarries. Inc. li- IBv (Vicel President ($ IBy (Vice) President ;_r- . 0Ii. iM"'......... 12.-17- lOOB 07:00 717 2tlD 060G TRI l30rm CONcm::n:: F11>. ,~. !;;:1;;', . :,~:J.: 16"L':'I:,;. d... Wood Allen &Rah111 'Il? G\(~ 5805 I I I I I proceed by s.;mmons to IjUdgment, or by ordinary SUit at law, to recover any unsettled claim against the said ~wner but simply to restrain them, or elthrH nr Any of ttlOm from filinllliens il9ilinutlthe Owner llnder tr,e Mechanics' Lisn Law. AND, all the subs ribers to this instrument hereby autharizo <:Inti cmrnwp.r ~ny Attorney of any Court 0 Aecortl in Pennsylv<lnia to nppesr for us. or either of us filing such liQn ot liens in de 13nce hQreof, and thereupon without notice to us, to entor satisfaction on the Rec rd, or such lien or liens to the extent that the said premise5 In Question shilll be /lffe tually and completely relieved from the operntion of such lien ot liens, and in OIdllr t< do this or a trUB copy htlrllOf, shell be 8 sufficient warrant: and further, we, and cath of us, do fully release and exonerate such Attorney from any and ilil action or acl ons, we, or either or any of US may have by /Cason of such entry of satisfaction. 11 is warrant of Attorney shall not be exhausted by one exercise tnotQof but stlall remain n full force ilnd effoct and may be exercised as many times as may be necessary to IsecIJro t~1t1 satisfaction of record of any lien or liens fllE:d oy us or by any of u~, IN WITNESS WJEREOF. we have set OlJr h~nds ilnd seals on the 8l1llched slgnllwre page. consi~tEld to be incorporated herein, tNI day eacl, Signatory has Indicated thereon. I Lobar Associlltes. Inc. I I O,A, Helman Excavating, Inc. 1$ \Bv il IBy P.02 - _GE 7 (Vice) Ptesident (Vlcel President . , . '\.: ~I ' , ~ ' ", . -,," '..:~\.,~' .'-- .,;c~~.-;( '.-;;":.'.~";'~"~"':' ~.,' , .. ... '~,^.' ','. ~- .~~. \ " " TrOStle Mllsonry Contro or~ Elsonhart Joins & Decks, Inc. ($ 18v il.. lOv (Vice I President (Vice) President H.L. Stoneberg"r Plurn Ing & Heating, Inc, D.L. Heiges Electrical Services IS IBv I[ !~ lBv (Vlco) Prl!sidenr r,,-Boro Concrete, Inc, I Volley Qu,]rr,es, Inc. (S 1(}~~~/;7-ll-.9~ IBv , l\l _~ President Fllltwork Concn.to. Inc. I LS \ By I (S 1!lv , (Vice) Prosi<lcn\ --...-- I I (Vicel President (Vice) President (Vicll I President FlIPJc,16,\99S12. 5:34PM 16:,LOBAR ASSOC. Wood Allen &Rahal 717 6125805 No. 8279 p, 2/2GE 7 proceed by summons to judgment. Dr by ordinary suit at law. to recover 8nv unsettled claim egainst the said Owner but simply to restrain them. or either or any of thom from filing liens against the Owner under the Mechanics' Lien Law. AND. 1:111 the subscribers to this Instrument hereby authorlzc and ompower any Attomav of any Court of Record in pennsylvania to appear for us. or either of uS filing such lien or liens in defiance hereof, and theteupon withDut notice to us. to enter satisfaction on the Record. or such lien or liens to the extent that the said premises in Question shall be effectually and completely relieved from the operation of such lien or liens. and in order to do this or a true copy hereof. shall be a sufficient wllrrant; and further, wo, and oach of us. do fully roloase and exonerate such Attorney from any and all action or actions. we. or either or any of US may have by reason of such entry of satisfaction. Th'. warrant of Attorney shail not De exhausted oy one exercise thereof but shall remain in full force and effect and may be exercised as many times 8S may be necessary to secure the satisfaction of record of any lien or liens filed bV us or bV any of US. IN WITNESS WHEREOF. we /lave set our hands and seals on the attached signature page. considered to be incorporated herein, the day each signatory has Ind!cated thereon. Lobar Associates. Inc. D,A, Helman excavating. Inc. 1$ 1$ ley IBv (Vice) President (Vice) President Trostle Masonry Contractors EISenhart Joists & Decks. Inc. I. J.i. (Vice) President ISy lBv (Vlcel President H.L. Stoneberger Plumbing & Heating, Inc, D.L. Heiges Electrical Services ~ i \ i ( , 1$ IBv a lBv (VI co) President (Vice) President Tri.Boro Concrete, Inc. Volley Quarries. Inc, IS ($ ISy lAv (Vice) President (V,icel President , ~lltWOrk Conclllto. Inc. / . _I' . {'." d ! " (,i/i... \...($ 1.1 \()/ }f'Bv ~,~,\, ':It.~ i T ~.I:. :~,:', ;.:~:~~!),'~:~$:~e~t '1 It.,.,,,. , . ., L--':~' _ . ,1 " ---.- 1Bv ~ I IS (Vica) Prllsldent PART II. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF I, Lee E. Eichelberger, having been first duly sworn, now depose and say: That the persons, firms and corporations, who have executed the release of liens on the reverse side hereof are all of the persons, firms and corporations who have furnished services, labor or materials in the construction or repair of improvements on the real estate described in said release. Lobar Associates, Inc. By: f~p1 Lee E. Eichelberger, President GENERAL CONTRACTOR Subscribed and sworn to before the undersigned. a Notary Public for the County of C """,b.I"\al"<i . Commonwealth of Pennsylvania, this 1lS'~ day of C'K '" '^'" b.ev 1998. ( I / j) ,:-----./..-..... \..,:;11' '. .',! ./'0/ [:16 N0:l1~1:'~"~:':' ,Julie L r-..II,'''" .::., Diflsbulg'i.;~:)','(:, ' My CommIS~H~r : \;-' M..tnlll~r f"'!'~'f"T-.7:- , .\., _--v ,-.J ':.... ~j,'.:, ",.;.,:.." . ,,\, :',,".';':.~" ".',,~ '" ',', ,',",' ,.,:..::....,'.., """ . .~. J" ',~ "-~_H'~_"""-~~..;L PART III .. AFFIDAVIT STATE OF PENNSYLVANIA ) COUNTY OF Cuml)0tLa.n)( ~s. I, 1111 cJtuJ .j. <dcJsJ~Q(( . having been first duly sworn, now depose and say: That the persons, firms and corporations who have executed the release of liens on the reverse side hereof include all of the persons, firms and corporations with whom or with which I have contracted for services. labor, or materials in the construction or repair of improvements on the real estate described in said release; and that as of the date of this affidavit, I have no notice of any claim of any subcontractor, laborer or materialman; and that I do not now have notice of any claim of any subcontractor, laborer or materialman. ; Carlisle Hospital and Health Services, Inc. lj(;-k~b~J wner I ~ Sub~cribed find sworn to before the undersigned, a Notary Public for th~County of 6h~J\ I1no..... ,Commonwealth of Pennsylvania. this ao)rJ~ day of ornbt.V 1998. f ) L/~fl1VA]Y-~ "~~ ) Notary Public Notarial Seal Denise L Nye, Notary Public Cartislo Borc. Cumberland County My Commission f~~~,~:.~~~' .~~:?~~~ Mprnhl" '-".":' , ' . ',' "" ,._..........,. .' : "'-", ". . J ",::-.,.... . :.~ .':: .,~~' "", ~.' \ ..' - -1IillII:;!t~.~. --, ~ ' ...r'.! ~:..~.-"~ ,.,- ...::- ... .,/ ....... } '- L. '-.! ;;:, "" ." 1"'-- ", ("-' r--... ~ I ~ \, - <:., '- "J .' r-- 'v ,~ - I<' . , ":0 , -- . , . . ' ':. "', " , ',.' ,';. . '"". , - '. .... <... ......' ,r~.'::;'''''~'_~ i" .' -" _""..... - :,c<.'.:.(.~~'':,;'..:;',i;:.:'"''~''' ~-- '....., ,'.' ".. I , " " . ~ ..~I'-" . " l" "'~"',,""~P;""$.::l~;lI.lia*iL~'k"'''':'''>~' "'''''A.".... ~Ii':...l,-!);..!~~....,.l~" . .~'.""';~"~">""""'" I' . , . . . . -. .' ..'. . ..... .... . ~~, - .'.. < " . . .