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HomeMy WebLinkAbout99-05501 r IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW LOBAR ASSOCIATES, INC Claimant ( cmh-?A;) 523 ASSOCIATES Co-Defendants STIPUTALION AGAINST LJEN.S No. 99•Jsot MLb Ts._ WHEREAS, LORA R A SSOCIA TES, INC., Of4Barto Circle, P.2 Box 432, DWsburg, pA 17019- 0432 ("General Contractor") Has Entered Into A Contract With 523 Associates, ("Owner") Me Erection, Construction, Alteration, Or Repair Of Improvements Which Have Commenced Upon The Lot Of Ground Situated At 176 Cumberland Parkway, Mechanicsburg, Cumberland County, Pennsylvania, Fully Described As Exhibit "A", Hereof, Of Which 523 Associates ("Owner") Is The Title Holder OJRecord. WHEREAS, It Is The Intention Of Owner And General Contractor That Neither Said Lot Of Ground Nor The Improvements Erected Or To He Erected Thereon Shall Be Subject To A Lien ForDebts Due By Owner To General Contractor Or By General Contractor To Any Subcontractor Or Supplier For Labor Or Materials Famished In The Said Erection Or Construction, And The Right OjAnyone To Claim Any Such Lien Be Waived Hereby. NOWTHISAGREEMENTWITNESSETH.• That Contractor, ForAndlnConsideration OfThe Contract Aforesaid And The Considerations Mentioned Thereunder, As Well As The Further Consideration OjOne And 00/100 (81.00) Dollar To It In Hand Paid By The Owner At Or Before The SealingAnd Delivery Of These Presents, The Receipt OJWhich Is Hereby Acknowledged, And Intending To Be Legally Bound Hereby, Does Hereby Covenant, Promise, And Agree For ContractorAnd AnyAnd Ail Subcontractors, Materialmen, Laborers, And Parties Acting For, Through Or Under Contractor, That No Mechanic's Lien Or Claim Other Lien Or Claim Of Any Kind Whatsoever Shall Be Filed Or Maintained Against The Building, Improvements, Lot Of Ground Or Any Part Thereof, Or TheCunfte Or CurdlagesAppurtenant Thereto By Anyone, And That Ali Subcontractors, Materiabnen And Laborers Shall Look To And Hold Contractor Personally Liable For All Subcontracts, Materials Furnished And Work And Labor Done AND THIS AGREEMENT, Waiving The Right Of Lien By Anyone, Shall Be An Independent Covenant And Shall Operate And Be Effective With Respect To Work Done And Material Furnished Under Any Supplemental Contract For Extra Work In The Erection, Construction And Completion Of The BaUding As Well As To Any Work And Labor Done And Materials Furnished Under The Contract Aforesaid AND, In Order To Give The Owner Full Power And Authority To Prated Owner And The Building, brrprovementsAnd Lot Of Ground Agains(AnyAndAlfClaims Flied By Contractor o rAnyone Acting Under Or Through Contractor In Koladon Of The Foregoing Covenant, Contractor Hereby Irrevocably Authorizes And Empowers Any Attorney Of Any Court Of Common Pleas Of The Commonwealth Of Pennsylvania To Appear For Contractor In Any Of The Said Courts Of Common Pleas AsAltorney For ContractorAnd in The Contractor's Name, Mark Saticyfed ofRecordAt The Cost And Exprnse Of The Contractor, Or Of Any Subcontrador Or Materialman, Any And AR Claim Or Claims, Liens Of Lien, Filed By Or For The Contractor, Or Any Subcontractor Or Materfafinen, Or In The Name OjrAny One Or More Of Them Against The Bullding, Improvements, Lot Of Ground Or Any Part Thereof, And, For.Such Act OrActs, This Shall Be C:ood And,54,9kient WarrantAndAuthority, And A Reference To The Court, Term And Number In Which And Where 7hiv Instrument Shaff Have Been Filed Shag Be A Sayykknt Exhibit Of The Authority Herein Contained To Warrant Such Action, And The Contractor Does Hereby Rewire, Release And Quitclaim All RightsAndA MannerllfErrors, Defects And Imperfections Whatsoever In Entering Such Satisfaction Or In Any WLse Touching Or Concerning The Same IN WITNESS WHEREOF, Contractor Has Executed Thic Instrument This 1st Day Of September, 1999. GENERAL CONTRACTOR: LOBAR AS.SOCiATE.t_ INC BY.• A 77 SITEWORK CONTRACTOR: Richard E. Kraft, Inc. BY.• _-i ATTEST: OWNER: 513 Assoclates RY: ATTEST. "..moo . 8 a 4 QJ h? I?v L7 ? T l ' s J V I:'; ?1 ` G C cn cr, i schedule C Land Description Numoer L that certain lot or parcel of ground situate in Lboer Allen Township, Cumberland County, Pennsylvania, being identified as hoc I No. 2E on Final Subdivision Plans for Cumberland Business Park, Prepared by H. Edward Black Associates, P.C. dated November 28, 1997 as subsequently revised and recorded in CuTba land County Plan Book 76, page 132, as rmre particularly bounded and described as follows, to wit: ^EGICNIING at the northwest corner of Lot No. 2E; thence on an initial zanaent bearing of south 87 degrees 20 minutes 34 seconds cast along the southerly line of Clmrberland Parkway, on a radius of 970.00 feet a distance of 202.93 feet; thence South 14 degrees 38 minutes 38 seconds West a distance of 224.42 feet; thence North 78 de=ees i :-elutes 56 seconds West a distance of 88.33 f2 t, thence Nort-- - degrees 04 minutes 48 seconds West a distance of 67.45 f =? _n North 02 degrees 39 minutes 26 seconds East a distance of 225.12 feet to the po nt of BEMUING. EELNG Lot No. 2E and containing 0.927 aces more or less.