HomeMy WebLinkAbout99-06450WEST SHORE PUBLIC LIBRARY, Owner
V.
MILLER & NORFORD, INC.,
Contractor
IN THE COURT OF COMMON PLEAS
Cumberland County, Pennsylvania
No. ()q.1,`IS1J M.L.D. 1999
STIPULATION AGAINST LIENS
The undersigned contractor, materialmen or other entity or person furnishing services,
labor or materials, known as Miller & Norford, Inc. (the "Contractor"), with a principal place of
business located at 700 Ayers Avenue, Lemoyne, PA, intending to be legally bound for itself and
any subcontractors, materialmen, laborers or anyone else acting through or under it, and for
consideration, the receipt of which is hereby acknowledged, hereby 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 Exhibit "A", attached hereto and made a part hereof, or
against any buildings or other improvements thereon (jointly and severally the "Real Estate"), for
or on account of any work to be done or materials fumished in accordance with the Agreement,
dated October 22, 1999, for Construction of a new library building (including all demolition and
removal services required) at 19" and Walnut Streets, Borough of Camp Hill, Cumberland
County, Pennsylvania, or any work related thereto. 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 of the Commonwealth of Pennsylvania, or elsewhere, to appear as
attorney for it, them or any of them, in 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 quitclaim all rights and all manner of errors, in filing such
pleading, instrument or amendment, or in any way concerning them.
Owners shall have the absolute right in their name or in the name of the undersigned or
any other entity or person who shall have filed a 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.
H8:39047AWSPL-00
The undersigned hereby avers, represents and wan-ants that no work has been 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.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly
executed as of this 22nd day of October 1999.
ATTEST:
By:
Moe/ Jody L. Farling
Title: secretary
CONTRACTOR:
MILLER & NORFORD, INC.
By:
Name: Donald L. Bertolett:e
Title: president
(CORPORATE SEAL)
HB:36047.1 WSPL-00
EXHIBIT "A"
Description of Real Estate
TRACT NO. 1:
ALL THAT CERTAIN tract of land situate in the Borough of Camp Hill, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at an iron pin at the intersection of the northern line of Walnut Street with
the western line of North Nineteenth Street, formerly Moore Avenue; thence in a westerly
direction along the northern line of Walnut Street 250 feet to an iron pipe; thence in a northerly
direction 435.1 feet to a concrete monument in the southern line of High Street; thence in an
easterly direction along the southern line of High Street 250 feet to a concrete monument in the
point of intersection of the southern line of High Street and the western line of North Nineteenth
Street; thence in a southerly direction along the western line of North Nineteenth Street 435 feet
to the point or place of BEGINNING.
BEING improved with a brick school building and known as the Lincoln School.
BEING THE SAME PREMISES which the Camp Hill School District, by their deed
dated July 29, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County,
in Record Book 182, Page 603, granted and conveyed unto the West Shore Public Library,
Grantor herein.
TRACT NO. 2:
ALL THAT CERTAIN lot of land situate in the Borough of Camp Hill, County of
Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point on the northerly line of Walnut Street at the line of lands now or
formerly of the Camp Hill School District; thence along lands now or formerly of the said School
District in a northerly direction one hundred sixty (160) feet to a private alley; thence in a
westerly direction along the southerly line of said private alley eighty (80) feet to a point; thence
in a southerly direction along other lands now or formerly of Gordon E. Fry and Geraldine S.
Fry, his wife, one hundred sixty (160) feet, more or less, to Walnut Street; thence in an easterly
direction along the northerly line of Walnut Street eighty (80) feet to the point or place of
BEGINNING.
HAVING thereon erected a one-story dwelling house known and numbered as 1920 Walnut
street.
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BEING the same premises which Joel A. Mayon, single man, by Deed dated January 15, 1999
and recorded in the Office of the Recorder of Deeds for Cumberland County in Record Book
192, page 1146 granted and conveyed unto West Shore Public Library.
HB:78047.1 WSPL-00 4
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