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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CONEW AGO ENTERPRISES, INC.
660 Edgegrove Road
Hanover, PA 11331
and
GDNo,
Code 01 - :2S{~JI1W ~
Contractor
STIPULATION AGAINST LIENS
RECKfIT BENCKISER INC,
1655 Valley Road
Wayne, NJ 07474-0943
Filed on behalf of
Contractor
Owner
To the Prothonotary:
Please index this Stipulation Against Liens with Owner designated as Plaintiff', Contractor
designated as Defendant, and vice versa.
CERTIFICATE OF LOCATION
I hereby certify that the location of the real estate
affected by this No-Lien Agreement is
360 Independence Avenue
Upper Allen Township,
County of CUD1berland,
Commonwealth of
Pennsylvania
Ref PA - 9/4/98
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STIPULATION AGAINST LIENS
The undersigned contractor, materialman or other entity or person furnishing services, labor,
equipment or materials, known as CONEW AGO ENTERPRISES, INC., at Pennsylvania corporation
(1he "Contractor") intending to be legally bound, and in consideration of1he sum of ONE AND NOIIOO
DOLLARS ($1.00) and other, good and valuable consideration to it in hand paid by RECKITT
BENCKlSER INC., 1655 Valley Road, P. O. Box 943, Wayne, New Jersey 07474-0943 hereinafter
referred to as 1he "Owner", 1he receipt whereof is hereby acknowledged, and intending to be legally
bound, for itself and any subcontractors, materialmen, laborers or anyone else acting 1hrough or under it,
covenants and agrees 1hat no mechanics or materialmen's liens or claims shall be filed or maintained by
it, 1hem or any of1hem, against 1he real estate situate at 360 lnidependence Avenue, Tract A, Upper Allen
Business Park, Cumberland County, Pennsylvania, *or against any buildings or other improvements
1heron (jointly and severally, 1he "Real Estate"), for or on account of any work to be done or materials
furnished under 1he principal contract between 1he Owner and 1he Contractor, dated April 27 , 200 I 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 providedl1hat 1he Owner is not in
default of 1he contract. The undersigned, for itself, its subcontractors, materialmen, laborers and anyone
else acting or claiming 1hrough 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 1he Real Estate provided the Owner is not
in defaukof1he contract. *Being more particularly described on Exhibit A attached
hereto and made a part hereof. .
The Owner shall have 1he absolnte right in its name or in 1he name of 1he undersigned or any
other eotity or person who shall have filed a mechauics' lien, to cause such liens to be discharged by any
other instrument, pleading or proceeding permitted at law or in equity.
The undersigned hereby avers, represents and warrants 1hat no work has commenced on 1he Real
Estate and no labor or materials have been delivered to 1he Real Estate or furnished for 1he improvement
of1he Real Estate by1he undersigned or by any subcontractor, materialman, laborer, or other person or
entity, working for or 1hrough 1he contractor.
This stipulation is made and intended to be filed with 1he Cumberland County Prothonotary in
accordance with 1he requirements of1he Mechanics' Lien Law of 1963 of1he Commonweal1h of
Pennsylvania, and is expressly contingent upon proper filing and indexing by Owner in accordance with
requirements of 1hat law.
IN WITNESS WHEREOF, 1he undersigned has caused this instrument to be duly executed as of
1he 27th day of April, 2001.
ATTEST:
ame: Christine M.
Title: Executive Vice
By 1fd;./J1l1 ~fJ!:{J1/i ·
ame: Diane L. Alwine "'-
Title: Corporate Secretary
By
(CORPORATE SEAL)
Ref P A - 9/3/98
2
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A-LL T.r'..AT CERTAIN tract of land situate in Unper Allen Township,
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Cumberland County, Commonwealth of Pennsylvania, bounded and described as
follows:
BEGINNING at a point located along the western right-of-way line of
Allendale Road (60 foot right-of-way) marked by a concrete monument shown as
the "Preliminary Control Point"on the "PrelirninarylFinal Re-Subdivision Plan for
Upper Allen Business Park," which re-subdivision plan created the boundaries of
two lots identified as Lot 8 and Tract A (Tract A also referred to as Lot 9 in
subsequent documents), as prepared by Hartman & Associates, lnc., and dated
Julyl, 1998 with a revision dated Augsut 4, 1998, and recorded at the Cumberland
County Recorder of Deeds Office in Plan Book 78, Page 45.
From said point of beginning, along the western right-of-way line of
Allendale Road (a 60 foot right-of-way) along a curve, curving to the left having a
radius of 5,030 feet and an arc length ofl5.29 feet with a chord bearing of South 25
degrees 27 minutes 33 seconds east a distance of 15.29 feet to a point; thence along
the same South 25 degrees 32 minutes 47 seconds East a distance of278.70 feet to a
point; thence along the same along a curve, curving to the right having a radius of
1,970.00 feet and an arc length of 19.47 feet with a chord bearing of South 25
degrees 15 minutes 47 seconds East a distance of 19.47 feetto a point; thence along
the same South 24 degrees 58 minutes 48 seconds East a distance of 187.06 feet to a
point; thence along the same along a curve, curving to the right having a radius of
46.00 feet and an arc length of 67.42 feet with a chord bearing of South 17 degrees
00 minutes 32 seconds West a distance of 6i-55 feet to a point along the northern
right-of-way line oflndependence Avenue (a 60 foot right-of-way); thence along the
northern right-of-way line oflndependence Avenue (a 60 foot right-of-way) along a
curve, curving to the right having a radius of 1,440.00 feet and an arc length of
721.71 feet with a chord bearing of South 73 degrees 21 minutes 21 seconds West a
distance of714.18 feet to a point (marked with a concrete monument); thence along
the same South 87 degrees 42 minutes 50 seconds West (this bearing is erroneously
identified as North 87 degrees 42 minutes 50 seconds West on the aforementioned
Land Development Plan recorded at the Cumberland County Recorder of Deeds
office, the bearing listed within this Legal Description supercedes the information
shown on said Plan) a distance of 210.59 feet to a point; thence along the same
along a curve, curving to the right having a radius of 46.00 feet and an length of
62.70 feet with a chord bearing of North 53 degrees 14 minutes 25 seconds West a
distance of 57.95 feet to a point; thence along the same along a curve, curving to the
left having a radius of 80.00 feet and an arc length of 274.21 feet with a chord
bearing of South 67 degrees 29 minutes 53 seconds West a distance of 158.32 feet
to a point along the aforementioned right-of-way and at the common property
boundary between Upper Allen Business Park - Lot #8 and the subj ect property;
Exhibit A
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thence along Upper Allen Business Park - Lot #8 South 59 degrees 17 minutes 43
seconds West a distance of 50.00 feet to a point; thence along the same South 69
degrees 41 minutes 58 seconds West a distance of 783.90 feet to a point; thence
along lands [lOW or formerly of Book-of-the-Month Club North 16 degrees 36
minutes 49 seconds West a distance of 99.99 feet to a point; thence along the same
South 73 degrees 30 minutes 10 seconds West a distance of 33.00 feet to a point;
thence along the same North 16 degrees 29 minutes 50 seconds West a distance of
577.24 feet to a point; thence along lands now or formerly of David A. and Holly L.
Ritchey North S 3 degrees 34 minutes 57 seconds East a distance of 952.51 feet to a
point; thence along the same North S3 degrees 50 minutes 42 seconds East a
distance of937.21 feet to a point (marked with a concrete monument) located along
the western right-of-way line of Allendale Road; thence along the western right-of-
way line of Allendale Road along a curve, curving to the right having a radius of
240.00 feet and an arc length of 123.66 feet with a chord bearing of South 40
degrees 07 minutes 56 seconds East a distance of ]22.29 feet to a point; thence
along the same South 25 degrees 22 minutes 19 seconds East a distance of 682.55
feet to a point (marked with a concrete monument), said point being the point of
BEGINNING.
Said area described above contains 1,929,977 square feet or 44.31 acres of
land.
BElNG apart of the same premises which Joseph W. Eberly, widower, and
Marj orie A. Pugh, a single person, by their deed dated Septernber 29, 1987 and
recorded October 2, 1987 in the Cumberland County Office of the Recorder of
Deeds in Deed Book 32-Y, Page 884 granted and conveyed unto Smith Land &
Improvement Corporation, the Grantor herein.
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