HomeMy WebLinkAbout03-4039GIANT FOOD STORES. LLC and
WILLIAM F. ROTHMAN, CHARLES F,
SCHUBERT AND SAMUEL L. REED,
Co-partners, ffd]ba ROTHMAN, SCHUBERT
& REED, a partnership
Name of Contractor:
ECI CONSTRUCTION, LEG
: MECHANIC'S LIEN
: NO.
IN THE COURT OF COMMON PLEAS
CUMBERLAND (county), PENNSYLVANIA
:Contractor-Defendant
STIPULATION AGAINST LIENS
The undersigned contractor, materialman or other entity or person furnishing services,
labor or materials, known as ECI CONSTRUCTION, LLC (the "Contractor") intending to be
legally bound, and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) to it in
hand paid by GIANT FOOD STORES LLC and WILLIAM F. ROTHMAN, CHARLES F.
SCHUBERT AND SAMUEL L. REED, Co-vartners, ffd/ba ROTHMAN, SCHUBERT &
REED, a parmership ("Owner") the receipt whereof is hereby acknowledged, for itself and any
subcontractors, materialmen, laborers or anyone else acting through or under it, 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 Schedule "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 furnished under the principal
contract between Owner and Contractor, dated 8/18/03 ,2003, 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. 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 any 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 instmment, 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 quit-claim all rights and all manner of errors, in filing such
pleading, instrument or amendment, or in any way concerning them.
DJT263StipsForm
Owner shall have the absolute right in their name(s) 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.
The undersigned hereby avers, represents and warrants that no work has 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.
1N WrFNESS WHEREOF, the undersigned has caused this instrument to be duly
executed as of the 18 dayof 3.ugust ,2003.
WITNESS:
CONTRACTOR:
Name: Todd D. Rothermel
Title: President
DJT263SfipsForm
SCHEDULE A
(Attach Legal Description)
ATTACHMENT
"m"
DJT263StipsFor~n
ALL THAT CERTAIN lot of ground situate in the Township of gaet Penneboro, County
of Cumberland and Commonwealth of Pennsylvania, bounded and described in accordance
with a survey made by Irvin Engineering Associates, Inc., on June 23, 1978, as
follows:
BEGINNING at an iron pin along the northern boundary of Arebe Street on Plan of
Lots of Robert P. Eretz recorded in Plan Book 7, Page 17, and at the corner of
other lands now or late of the Grantors; thence along Arabs Street North 81 degrees
05 minutes 07 seconds East, 286.80 feet to an iron pin at corner of lands now
or late of L. E.'Comfort; thence North 22 degrees 24 minutes 47 seconds West along
lends now or late of L. E. Comfort and land now or late of E. J. HcOormlck, 168.13
feet to an iron pin in line of lands nov or late of H. g. Ulrich; thence South
80 degrees 29 minutes 53 seconds West along said land nov or late of H. g. Ulrich,
286.44 feet to an iron pin in line of land nov or late cE the Grantorel thence
South 22 degrees 31 minutes 32 seconds East along said line of the Orantors, 165.19
feet a point and place of BEGINNING.
UNDER AND SUBJECT to all Acts of Assembly, County and Township Ordinances, rights
of Public Utility and Public Service Companies, existing restrictlona, and easements
visible or of record to the extent that any persons or entities have acquired
legal rights thereto.
BEING the same premises which Dauphin Deposit Bank and Trust Company, successor
to Dauphin Deposit Trust Company, Executor of the Last Will and Testament of Robert
P. Bretz and Trustee under the terms of the Last Will and Testament of Robert
P. Sretz, deceased, by its deed dated April 11, 1979 and recorded in the Cumberland
County Recorder of Deeds Office in Deed Book 283, Page 291, granted and conveyed
unto the Orantors herein.
Pa 5£5