HomeMy WebLinkAbout03-4419M.J. COMMUNITY CENTER, L.L.C.
: Owner-Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Name of Contractor:
WESTRA CONSTRUCTION, INC.
: Contractor-Defendant
NO. C)~- L(~[~ //TLD
STIPULATION AGAINST LIENS
The undersigned contractor, materialman or other entity or person furnishing services,
labor or materials, known as Westra Construction, Inc. (the "Contractor") intending to be legally
bound, and in consideration of the sum of ONE AND NO/100 DOLLARS ($I.00) to it in hand
paid by M.J. Community Center, L.L.C. ("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 building 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 August 26, 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 or 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 quit-claim all rights and all manner of errors, in filing such
pleading, instrument or amendment, or in any way concerning them.
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 famished for
the improvements 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.
WITNESS:
IN WITNESS ,W~, REOF, the 14ndersigned has caused this instrument to be duly
executed as of the _,~,e day of -~,~.-~d , 2003.
CONTRACTOR:
~' R~i?ional M lanager, Eastern Region
SCR'E. DULE "A"
LEGAL DESCRIPTION
OVERALL PEItIMICT ' t
CARLISLE ~ J. ~L
~L ~T C~RT~ ~a~ o~ par~ ofl~d ~i~te in th~ Bomu~ of C~lisle,.
Cou~y of Cumb~l~nd, Co~to~we~ of Pen~l~ ~ca p~cul~ly bound~ ~d
de~crib~ ~ ~llow~ m ~:
BE~]IIqNING at · point nt tee intersecedon oF .f~a sou~ side of Nob[~ Bogeyed
(~' ~gin~-way) ~ ~e w~em lino of.S~ ~v~ Stre~ (30' ~m
63.15' F~ m ~ ~int ~ the "~ o? I~M tco~s"~ ~ ~ ~id ~imitM ~s"
I1~ No~h 79° 20' ~" W~ ~ dl~ of 32.~' f~ m · ~*~ by
l0~ 40~ ~' W~ ~ ~ of 276.10' ~ m ~ ~i~ ~o by~e ~ong ~p
No~h ~o 20' .~' Wmt · ~s~ of 16.~' .~ m'~ ~; ~ by ~o ~ ~ ~u~rly
d~eotlo~ by · ~ ~n~ ~ ~e d~ht h~Vin8 z ~s o~ 120.~' ~
162.~' ~ nd ~ of So~ 49* 30' ~" W~ a d~ ~f 150~49'
· ~ ~ ~e'nmo So~B8° ~0' ~ W~ a ~ oF.i~.47' f~ m a*~lnt;
17t.13' ~ ~d ~o~ oF S~ 72" 14' 00" W~t · ~ 6~ t6S.Sa'
· ~ ~ ~e ~ ~ ~6' 08~ 0~' W~ a ~' oF ~11.5S~ F~ to
by ~a ~e ~ a ~, ~[~ to the ~ht hl~ a ~ of4~.~' ~
~2~3.67 f~t ~ ~ o~ Sou~ 73* 48' ~' W~ a ~ of 279.20' f~ ~ a ~r;
t~ by ~a ~e S~ 01~ 28' 00" W~ t ~a of 16.~' ~oct ~
no~ ~f:~y l~e ~ fn~ '8 l: ~e~ by ~a ~ dSht-or*~y fine
Imasa al (la0' ~f-wa~) North ga~' 32' 00" W~ a ~go of 722.37'
~i~ on ~e ~ l~o ~ S~; t~ by ~e ~ Uno of'~dge
Ol° 28' .00" F~g · distanoo of'270;72' feet ~o. & p?int; ~hmo~ by go same by ·curve,
.~urvin~8 to tho. dgi~ I~vi~ &'/~diu~ of 607,27' t'eat an ~ ~ of ~-S.Os' .r.~ and
chord of North 12' 05' 00" E~ i di~t~t~ of'223,76~ feet to'· point; ~he~a by the muno
No~h 22° 42' 00" P, alt & distance of 279.69' feet to a'pOtnt; they. os by the ~me by a
¢u~e, curving to the lair h~ .v~ng ,, t~dins of 860.00: fee~ a~ az~ l,~,thof177.37' feet and
aboard of~orth 16° 47' 30" E~ut ~ distance of 17'~.05' ~ to · Po]~, thenoe by the samo
Not'ch 10° 53' 00" Enz~ · dhtanoe 0£:i22.98' feet to · point being ~be i~tersec~io~ p~t of
the et~tern line ofl~dgo.$~reet and the soutl~ lino of Noble BoUlevard; thenoe by the
soutl~rn Un= ofNob|o 13oUlovaz~! South 79' 07' 00" Eut ~ dist~noe ot'330.02' t'¢nt to ~
poJm; thence by.the se, me South 79° 'I 1' 00~ Ea~ · dhumco of !,4~6.39' fe~ to n pobit,
~alcl point being the plsa~ of I~,OINNIfl'G.
Said tract containing 1,671,.148.$7 $.F. = 38,3643 &ores