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Home My WebLink About01-05856 . ~r:Jf,:;:;!:;;,~~!,'.C;;!f~.,!p$nt:$f~~'1'Vt&JJ){~ii~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ML./) LOTUS SHADOWS, INC., doing business Filed: /J/ - ,'J15lj,~ as FOUR SEASONS DINER, a Pennsylvania Corporation, Tenant and CONNECTICUT GENERAL LIFE No, INSURANCE COMPANY, a Connecticut Corporation, Owner and ANASTASIA CONSTRUCTION SERVICES, INC., a Pennsylvania Corporation, Contractor 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 Plaintiff and Defendant. JOHNSTON & DIAMOND Suite 100, 150 Corporate Center Drive Post Office Box 98 Camp Hill, Pennsylvania 17001-0098 :;~~ ES A. DIAMOND Pa. J.D. No. 43902 Attorneys for Connecticut General Life Insurance Company, Owner Dated: October 9,2001 ';\~"~,/Y<:"I",,;;'>"1W , '",'~ ~I -,~~ "~~.- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LOTUS SHADOWS, INC., doing business as FOUR SEASONS DINER, a Pennsylvania Corporation, T enallt Filed: ,200] and No, CONNECTICUT GENERAL LIFE INSURANCE COMPANY, a Connecticut Corporation, Owner and ANAST ASIA CONSTRUCTION SERVICES, INC., a Pennsylvania Corporation, Contractor 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] 1 & 15, Selinsgrove, Pennsylvania] 7870, 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 Trind1e Road, Camp r,:',I~V"T""~~ ""''' "'" -~", <. r I' -~~ .~ Hill, Pennsylvania, for use as a restaurant (completely [mished to business use), which building is a part of the shopping center presently known as the "Camp Hill Shopping Mall," 3Znd 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, 3Znd 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, materialmen, 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- 1i'<>.'i'"'9""''"''-'''~:l'J!, .~" - t ,. .~ --"."." - 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 ofthe 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 WANER OF LIENS will be filed in the Office of the Prothonotary of Cumberland County, Pennsylvania, pursuantto the provisions of the Act of August 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 -3- '?!f'""'f?A""'\f~"~ 'I I ~=1' ~-~ 'I ~0/0?!28~1 03:l9 71713754~~9 CAHP H"LL MALL PAGE 05 " the Owner both as Defendants and as Plaintiffs, in accordance with the M h nics' Lien Law of 1963, the Act of August 24, 1963, as aforesaid, the receipt of such filing e delivered to the Owner. WITh"ESS the due execu\ion hereof, with the intent to be legally bo d, this 3- day of .QCTo)l;!:1L ,2001. ~~~ ,'nt Name: i re...e..-A C'lCl~ TItle: UlOLU ~o '(Y) \l - '(no., ,,0..<;1 ~ I" By: Print Name: B~'If\1\l FA Title: plt,<;t; ~E1J\ Attest/Wimess: ANASTASlA CONSTRUCTI SERVICES, lNe., a Pennsylv Corporation, CON1RACTOR: -4- !:".'~&\~~-''P,"'''_~=._,'1''~, ?, ~." , , . ,-, , , ~I I '" ... "EXHIBIT A" Property Description - Camp Hill Shopping Mall ""1':~O;<~;T''''''''~ '''' _~" " _ , I I" - IWY 11 VV tJl\.l V!.l) fm JV~~t:.P ~^I~\.r-.j:lnrJ'ltjj\;il:F NOV-1HO 11,11 F'll1lIll!ED S~IT~ SHAW M:ClAY A'lLj:J:f,OO,' I') ?15S5'1~lT r1\"~ , T-(~t V,ij~,v, ~Q;U:'! , . EXHIBIT A LEGAL DESCRIPTION ALL TIIAT cERTAIN lfL\Ct ofgwundlituN in the Borough ofCalnp Umland the Township of ~ Ponnsbonl, County of Cumberland and Commonwealth of PeMsylv,nia, bounded and described lIS follows. to wit: . , , BEGINN~G at II pl)int. saJd point being the right.of.way intersection of th southern right-of. way Un\: ofTrInd1c: Rooel and tho WllllIem right-of-way Jillll of SOIlth 32"d Slre ti thence along the western right-ot.way line of South 32nd Street. south 40 degtees 33 minutes 00 seconds east, a distance of \34.51 feel to a point; tbelllle alone the same, south 10 deg es 26 minutes 00 seooncls east. a distance of 461.34 feet to a point; thence along the same, S ulh \1 degrees 48 minutes 00 seconds ellSt, a distance of 870.92 feet to a point; then e along land of Commonwealth of Pcrmsylvanill, Ramp ''If. Harrisburg ElIprOUWllY the f< Ill)wing Sllven (I) courses: (1) south 78 degrees 12 minUteS 00 se<:onds west. a distance of I .00 feel to a pointj thence (2) cn an arc of a curve curving to the righl havlng a radius of 394.0 feet, an af<) length of 368.30 feet \0 a point; thellee (3) sollth 41 ~pa 4S minutes 28 eeconds west. a distance GI Sl1.18 feet II) a point; thence (4) SI)IUh S6 degrees 19 minl1tes 00 seconds west. a distance I)f 198.36 feet tl) a point; thence (S) lllong an arc of a curve curving 10 the righ having a radius of 364.00 feet, an arc longth of247.77 reet to a point; thence (6) south OS ~ es 19 minlltes 00 sceonda west, a dlSllln\lC of 16,00 feet tl) a poilU; thence (7) north 84 <leg oes 41 minutes 00 KCOM' WCIIt, a dislllnee of86.n Uat \0 a poii'll; thence aloll$land llOW or I Ie or Pennsylvania Real Estate InvestmentTnlst the following row (4) courses: (1) north 24 de lOes 49IUinutes 00 seconds west, II dlstanee ,of 9~l.92 fectto a point; (2) thence nOM 6S do ees II minutes 00 sec:o~ east, a distanee of IS.DO feet lOa point; (3) thence nol'lh 24 deg 8 49 minlltes 00 secolld$ west, a distanlX' Qf 120.00 !llel to a point; (4) loenee north 64 de ees 26 minutes 00 sceonds out, a distanCe (If 303,09 f\loI: \0 a point; tIIenoe along the I\llmll. and now or lale of Hampden Industrial Development Authority and land now or late of Charles Adler &; Sons, Inc., 1'1131'11\'24 degrees 4!lljllnutes 00 seconds west, a clistan\lC Of 1,1533.31 fi 1 to A point on 1llc southern riBlll..of-way lint of Trlndle Roadi thence along said right-of.way Ii e. north 65 degrees 21 minutes OOseeondsea5t, a distance of 1,184.06 feet 10 a point the poinl 0 BEGINNlNG. , BEING THE SAM>>: PREMISES which Camp Rill Shopping centet,~c.. a PeNlsylvania CofJlOfllllO, n. conveyed unro Mid-Island Propenies. lno., a Pennsylvania oI'pDl'lltion, b, Y (1eed da1e4 AulJUSl 19. 1970 and recorded September 8. 1970. in tile Recorder s Office in and for Cumberland County, PA in Reoord Book U, Volume 23, Page 14S. ; BEING THE SAME PlUlMISES which Theodore S. Halteman, SYIvan~., Collen. Jack FlUbcr, William R. Dimeling, Samuel ], Kormllll, Morris A. Kravitz, Marvin Or eans and Martin O. BllfllJIWl. as Trustees Wlder Trust Indentute last amended and restated De ember 17, 1971 and record~ in MontgoQl8l'Y COllllty, Pennsylvania in Deed Book 3757. Pag 3CJ1. designated as Pennsylvania ltCllI &tale InVCltlMut Tml~ eonvcyed unlo Mid-hI Propel'lles, mo.. . Pelllll)'lvania, corporatl.on. by deed dared September 23. 1984 and reeorderl October 2. 1984. in the Recorder s Ot'fice III an4 for Cwnbcrland County, PA in Record Booklx Volume 30 Paoe 532. ' , , " ~\ll.DI.(OKLUWIA ;'rH>!'~li'''''<. . _. 0_' .r-' ~_ .f- --I' ,'I '.' '" , - ., .~< ~~-- , ~_~< n",.,,,__""-"""_"~_ __,;;,;_",_;,",-,",~ ,~__ .-" '>H ,..""..'''''''"". ~ ~' rtir<-' ..:"" ~ , '- - '\ - \. '" ~ (~:' 2: -.--! 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