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Home My WebLink About01-5856 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LOTUS SHADOWS, INC., doing business Filed:/9/ as FOUR SEASONS DINER, a Pennsylvania Corporation, Tenant and CONNECTICUT GENERAL LIFE INSURANCE COMPANY, a Connecticut Corporation, Owner and ANASTASIA CONSTRUCTION SERVICES, INC., a Pennsylvania Corporation, Contractor No. PRAECIPE FOR INDEXING TO THE PROTHONOTARY: Please index this Stipulation Against and Waiver of Right to File Mechanics' Lien in the names of the Tenant and of the Owner, as Plaintiffs and Defendants, and cross-index the Stipulation Against and Waiver of Right to File Mechanics' Lien in the name of the Contractor as Plaimiff and Defendant. JOHNSTON & DIAMOND Suite 100, 150 Corporate Center Drive Post Office Box 98 Camp Hill, Pennsylvania 17001-0098 (717 9'L~ -~q 500 (_J~d~S A. DIAMOND Pa. I.D. No. 43902 Attorneys for Connecticut General Life Insurance Company, Owner Dated: October 9, 2001 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LOTUS SHADOWS, INC., doing business as FOUR SEASONS DINER, a Pennsylvania Corporation, Tenant and CONNECTICUT GENERAL LI~E INSURANCE COMPANY, a Connecticut Corporation, Owner and ANASTASIA CONSTRUCTION SERVICES, INC., a Pennsylvania Corporation, Contractor Filed: No. ,2001 STIPULATION AGAINST AND WAIVER OF RIGHT TO FILE MECHANICS' LIEN WHEREAS, Anastasia Construction Services, Inc., a Pennsylvania Corporation with a business address at R.R. 3, Box 207 Selinsgrove, Pennsylvania 17807 (the "Contractor"), and Lotus Shadows, Inc., doing business as Four Seasons Diner, a Pennsylvania Corporation (the "Tenant"), with an address at #303 U.S. Highway 11 & 15, Selinsgrove, Pennsylvania 17870, entered into a certain agreement dated October 8,2001 (the "Contract"), relating to the performance by Contractor of certain work (the "Improvements") with respect complete interior and exterior renovation of an existing one-story building located at 1400 Camp Hill Mall, 32nd Street and Trindle Road, Camp Hill, Pennsylvania, for use as a restaurant (completely finished to business use), which building is a part of the shopping center presently known as the "Camp Hill Shopping Mall," 32nd Street and Trindle Road, Camp Hill, Cumberland County, Pennsylvania, on the property (the "Premises") owned by Connecticut General Life Insurance Company, a Connecticut Corporation (the "Owner"), with a business address at the Camp Hill Shopping Mall, 32nd Street and Trindle Road, Camp Hill, Cumberland County, Pennsylvania 17011. The said Premises are more particularly described in "Exhibit A" attached hereto; NOW, THEREFORE, in consideration of the execution and delivery of the Contract, and in consideration of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the Contractor, for itself, and its agents, servants, stockholders, employees, representatives, assigns and successors, and all subcontractors and other parties acting through or under Contractor, does hereby covenant, promise and agree that no mechanics' lien or claim of any kind shall be filed or maintained against the Improvements or the Premises, or any part or parts thereof, or the appurtenances thereto, by Contractor or by any subcontractors, materiaImen, laborers or others, for work done or for any tools, equipment, materials or supervision, or other services furnished under the Contract or any subcontract or supplements thereto, written or oral, or by any other party acting through or under them, or any of them, for and about the Improvements, the Premises, or any parts thereof, or on credit thereof. And this Stipulation Against and Waiver of Right to File Mechanics' Liens shall be an independent covenant and shall operate and be effective as well with respect to work done and -2~ materials and services furnished under any supplemental contract for extra work in connection with the construction of the Improvements as to any work and labor done and material furnished under the Contract. And, in order to give the Tenant and Owner full power and authority to protect themselves and the Improvements and the Premises against any and all claims filed by the Contractor, or by any subcontractor or anyone acting under or through the Contractor in violation of the foregoing covenant, Contractor, for itself, its agents, servants, stockholders, representatives, assigns and successors, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for it, them, or any of them, and in its or their name or names, to mark satisfied of any such mechanics' lien or claim, at the cost and expense of the Contractor, or its agents, servants, stockholders, representatives, assigns and successors, against the Improvements or the Premises, or any parts thereof, and for such act or acts this shall be a good and sufficient warrant and authority, and a reference to the Court and to the docket in which and where this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor, for itself, its agents, servants, stockholders, representatives, assigns and successors, does hereby release all errors and defects whatsoever in the entry of any such satisfaction or the exercise of the authority hereby conferred. THIS WAiVER OF LIENS will be filed in the Office of the Prothonotary of Cumberland County, Pennsylvania, pursuant to the provisions of the Act of Augnst 24, 1963, P.L. 1175, No. 497, as supplemented and amended, and the Prothonotary is required to index this Stipulation and Waiver in the name of the Contractor both as Defendant and as Plaintiff, and in the name of the Tenant and ~9/89/2001 09:3.~ 7~77376~9 C~N~ H~LL ~LL PA6K 05 the Owner both aa Defendants and as Plaintiffs, in accordance with the Me 1963, the Act of August 24, 1963, as aforesaid, the receipt of sttch filing Owner. WITNq~SS the da¢ execution hereof, with the intent to be legally bott :hanics' Lien Law of be delivered to thc 1, this q .. day of Attest/Witness: ANASTASIA CONSTRUCTI~ SERVICES, INC., a Pennsylw Corporation, CO~TI~CTO~t: By: -- "~--~' ~ PrintName: ~g'ii~td I-4 ~N fia Title: -4- "EXHIBIT A" Property Description - Camp Hill Shopping Mall KXHIBIT A LEGAL DESCRIPTION ALt, TFIAT cERTAiN trnc~ of ~tuund miU,m~ in thc {~k~rough of Camp Hiil and the Township of East pennsboto, County of Cuimlberland s,nd Commonwealth of ?ennsy]vania, bounded and d~m~'R~l ~m folluv~ to ~t: BEGINNING a~ a po'mt, smi~l poln~ bet~S the tight.of-way intersection of ~ southern right-of. way llu~ of Trindlc Ro~l a~t th~ v~m r{4Iht-of-way }in, of ,qo~lh ltl~'t 9u. ee~; thence along the wosr~m riihl-of-way lh~ of South 3~ Strut, south 40 de~re~,m 33 minutes O0 ~conds ~ast, s distau~ of 134.5! f~-i ~o a point; th~u~e alou~ th~ same, south 10 dnarees 2~ minutes 00 w. oonds east, · distanc~ of 461.34 f~t to a lX~irig ~ a{o~i} ~he same, sous 1 t ~{~g~-as 48 miuu~s 00 seconds east, t d~ar~e of 870.92 feet to m point; y. hcoce alon~ land of Coln~onweallh of punnsylvsnia, Ram{~ '~d" ltarrlsbur{ Expressway th~ followin~ seven ~) cour~: (l) south 78 dei~re~ 12 miuu~s 00 ~onds we~t, z cli~tmr~u of 14.00 foot to a point; thmn~ (2) on an arc of a curve ~rvi~g to tile righz laving a radius of 394.00 feet, ~ az~ length of 3~$0 feet to · point; timmce ($) soulh 41 de~-'e~ 4~ minutes 28 ~econds west. a djst, ance of $ll.lll feet to a point; ~beuce (4) south 5~ d,~ees 19 minutes O0 seconds west, · distance of 198.36 feet to a poi~ th~,,ce (5) along an arc of a cu~'e curving to the rillhz having a radius of 364.00 feet, an arc length of 247.77 feet to a point; thence. (6) south 05 de~-ees 19 minutes O0 .,_-_~_nd~ west, a di,,tance of 16.00 feet to a poh~ ~hence (7) nosh }4 degrees 4! minutes O0 m~oo~mds xwsk · dis~ne~ of ~.7~ ~ to · point; tl~ec~ alo~ land ~w or la~ or P~u-isy[V'sata Real F.,mm~ Investment Test the fo{bwh~g four (4) ~ourses: (1) uoUl~ 24 dei{r~s 40 minu~ 00 seconds wesl, a distance of 99.02 feet {o a point; (2) ~hence nonl~ 61{ rio{lees 11 minu~ 00 seconds east, a dislance of 15.00 ~-t lo a point; (3) th:nos ~orth 24 de~ree{ 49 minnies 00 seconds west, a disiance of 120.00 feel to o point;, (4) ~ence north 6~ dol{xees 26 minutes 00 seconds cast, a dls~mc~ of 103.0{) ~s~ ~o a poln~{ timu. o~ ainu{ the same, is. nd now ne la~e of Hampden Industrial Developnlellt AuthoriW and Isocl now or lale of Chef}es Adler & Sous, Inc., north 24 de~ree{ 49 minutes 00 secoIlds wes,., a distanc8 of 1,{{3331 feet to a poirit on d~ southern rlsht-of=way line of Trtndlo Road; thence akmg said right, of-way line. north li5 degrees 21 ngnutcs 00 seconds east, a d}s~tuce of 1,184.0g feet to a poin~ th,, point of BEOtNNINO. B~NO ~ SAM~ PRlilMl~,l{ which Camp Hill Shopph~ Center, Inc., a Pennsylvania Corpomion, conveyed unto Mid-Island Pr,~porti~s, loc., a Pennsylvania Corpor~lon, by deed dsted August 19. 19'/0 and recorded 9sptember 8, 1970, in the Recorder's Office in and for Cumt~rlund Cok~tly, PA in Record Book U, Volume 21{, Page 14~. BRING ~ SAMR PREMISI~8 which Theodore S. Haltoman, Sylvan Ivi. C~hcn, Jack Father, W~lliam R. Dirnelln~, Samuel J, F, onuan, lviords A, Ernvi~ Marvin Orleans and lviartin O. Be,~. ,,~. as Trustees under Truss Inclentu~e last amer,~t and restated December 17, t~71 and recorded in Montltomat'y County, Penusylvunia in Deed Book 3757, Paso 307, designa~d ns Pe~lvnnla R.~nl ~ invcstr~.cnt T~sk convoyed ur{to MM-Isle. nd Prop~'fl~a, Inn., a the Recordor's Office m and for Cumber{and County, PA in ~ccord Bong ~., voiu,'ne ;~o, ;.,age 532.