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HomeMy WebLinkAbout00-07721 ..b"_ ... " 411 STIPULATION AGAINST LIENS v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. (X)(x)- '11;) I ~. Delancey Court Condominium Association, Owner F. C. Intrieri Construction Co., Inc., Contractor The undersigned contractor, materialman or other entity or person furnishing services, labor or materials, known as F. C. INTRIERI CONSTRUCTION CO., INC., a Pennsylvania corporation ("Contractor") intending to be legally bound, and in consideration ofthe sum of ONE AND NOnOO DOLLARS ($1.00) to it in hand paid by the DELANCEY COURT CONDOMINIUM ASSOCIATION ("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 Schedule" A", attached hereto and made a part hereof, or against any buildings, condominium units or other improvements thereon (jointly and severally, the "Real Estate"), for or on a count of any work to be done or materials furnished lUlder the principal contract between Owner and Contractor, dated March 1, 2000 or lUlder any supplel11ental contract, verbal or written, or contract for extra work or materials relating to any 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 ofthe 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 its name or in the name of the lUldersigned or any other entity or person who shall have filed 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. ..1S<.<i!"!~~""'~'___ ~ ~. , ..., -, ...' . ... The undersigned hereby aver, 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, and any amendments thereto. ~./jVITNESS ~OF, the undersigned has caused this instrument to be duly executed this ~ day of buv , 2000. WITNESS: ~ ;r(7~)~ ! ON CO., ?i~. , ~+ rank C. Intrieri, President OWNER: DELANCEY COURT CONDOMINIUM ASSOCIATION By-~ cX~ Charles L. Kern, President -"!~~...._~ I~ ......, ." ~.,- ;,- . . . SCHRDlJI,R "A" , ALL THAT CERTAIN lot, piece or parcel of land, with the buildinge and improvements erected thereon, located in Opper Allen Township, Cumberland County, Pennsylvania, as shown on a Final Land Development Plan for Delancey Court, as prepared by D. P. Raffensperger Associates, recorded in Cumberland County Plan Book 45, Page 14, bounded and described as follows: BEGINNING at a point in the center of a public township road which leads from Simpson Ferry Road to U.S. Route 15, corner of lands now or formerly of Meadowood Associatesl thence along the center line of said public township road, North 22 degrees 08 minutes West, 336.03 feet to a pointl thence along the line of lands now or formerly of Herbert W. Hall, Jr. and through a concrete monument, North 67 degrees. 43 minutes 20 seconds East, 608.19 feet to an iron pin in the line of lands now or formerly of R. A. Or.tenzio; then,,€! along said Hne of lands of R. A. Ortenzio, South 20 degrees 59 minutes East, 310.42 feet to a stonel thence along the line of lands now or formerly of I Meadowood Associates, aforesaid, and through a concrete \ monument, South 65 degrees 16 minutes 50 seconds West, 602.59 , feet to a point in the center of the public township road,' aforementioned, the place of BEGINNING. BEING the same premises which Federal Deposit Insurance Corporation, by deed dated March 21, 1979 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book I, Volume 28, Page 803, granted and conveyed unto Allendale Properties, a Pennsylvania limited partnership. INCLUDING 48 Units and their respective percentage common element interest as setforth in the Declaration of Condominium for Delancey Court Condominium dated August 22, 1984 and recorded in the Cumberland County Recorder's Office in Misc. Book 298, Page ~5~, an~ all supplements thereto, situate in Upper Allen Township, Cumberland County, Pennsy1vama, IdentIfied as follows: Unit # 401, 403, 405, 407, 409,411, 413, 415, 417, 419, 421, 423, 425, 427, 429,431,433,435,437,439,441,443,445,447,449,451,453,455,457,~59,461, 463,465,467,469,471,473,475,477,479,481,483,485 and their respectIve percentage common element interest as more fully set forth in the Declaration and Supplements thereto. ,,\,_~o4'l'_'__""""""" f'"~ '-\ ~ .. ,.. 'c . ,~, ~, . - ,,~ ,~i a c;:) () C 0 -p 0 <' a -- '~ro n ~ 1 r~; "?"=> 1"' \) :z:c -l r '\t: 2(- w liT! ~ $S !J)..,~;: ~O l-:5,t~ ~: .~, (L ~ 1 _) \) ~- -0 . ,"T, - ~"" 'ZO ;3; .~:.~~1S Q r Sl. '0 \.tJ ~ >c glTJ \-,\ :z: 2;-=: jl) ($ =<! _...J ~ -< .~ y 9- ~ -""""- ~ ~ _~t!Q1~fU~~lFJlI!'t!'1''B'W<9~~_~'~'''_'fH;;!;C'l''~~.rn'!il''''I\~!<!~~i,1~;~''i!fj;''Wif.iniA' -""';"'TI?"J";"l'!!i'.~": ''1'"' ~"''''"'I:;;.".,.!"."",\'f8i'JqR:~'\lR!!Jjf~~~fl!lWi~i;-