Loading...
HomeMy WebLinkAbout07-4418MIDDLESEX ASSOCIATES, Owner AND IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EWING ROOFING, a subsidiary of NO. p `7 - '~ y ~ ~ /~ ~ SPANGLER MILL, INC., a Pennsylvania Corporation, Contractor STIPULATION AGAINST LIENS WHEREAS, MIDDLESEX ASSOCIATES ("Owner"), the Owner of the real estate described herein has executed a Contract dated June 6, 2007 with EWING ROOFING, a subsidiary of SPANGLER MILL, INC. ("Contractor"), whose principal place of business is located at 1425 Spanglers Mill Road, Camp Hill, Pennsylvania 17011 for the construction of certain improvements to said real estate situate at 1170 Harrisburg Pike, Carlisle, Middlesex Township, Cumberland County, Pennsylvania as more particularly bounded and described on Exhibit "A", attached hereto and made a part hereof; and NOW, THEREFORE, this 24th day of July, 2007, before any authority had been given by Owner to Contractor to commence work on said facilities or purchase materials for same, in consideration of making of the above-described Contract between Owner and Contractor, and in further consideration of One ($1.00) Dollar paid to Contractor by Owner, the receipt whereof is hereby acknowledged and intending to be legally bound hereby, it is agreed that no liens or claims shall be filed or maintained against the Owner's facilities and the land described herein or any interest of Owner therein by the Contractor or any of its subcontractors, or by any of the materialmen or workmen, or any other person acting through or under them, for or on account of any labor or materials purchased, or extra labor or materials purchased for, towards, in or abut the erection, construction, design and improvement of said facilities, under said contract or otherwise, the right to have, file and maintain such liens or claims against the facilities and the land described herein, being hereby expressly waived by the Contractor for itself, its subcontractors, all materialmen, or workmen and other acting through or under them. IN ORDER to give the Owner/Landlord full power and authority to protect Owner/Landlord and the building and improvements located on the Leased Premises against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenants, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in the Court of Common Pleas of Cumberland County for Contractor and, in Contractor's name, mark satisfied of record, at the cost and expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name of any one or more of them against the building and improvements located on the Leased Premises or any part thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number 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 does hereby remise, release and quitclaim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF, each of the parties, by their duly authorized representatives, have hereunto executed the Stipulation Against Liens this 24th day of July, 2007. Dated: 2 y o Dated: ~ ~ G OWNER: MIDDLESEX ASSOCIATES By: D~ CONTRACTOR: EWING ROOFING, a subsidiary of SPANGLER MILL, INC. By: Name: ''"~ Title: /~ 2 COMMONWEALTH OF PENNSYLVANIA n SS.: COUNTY OF 1 -it~~'j2,1~~ 0..m ~ . On this, the O~~ay of ~l~ ~ , 2007, before me, the subscriber, personally appeared f 1 1'' ~i' I A.f~ 1 ,who acknowledged himself to be a (Vice) President of EWING ROOFING, A SUBSI IARY OF SPANGLER MILL, INC., a Corporation, and that being authorized to do so as such corporate officer executed the foregoing instrument for the purposes therein contained on behalf of the corporation. WITNESS my hand and seal the day and year aforesaid. AL) Notary Public My Commission Expires: NOTARIAL SEAL Susan J. Lamma, Notary Public Borough of Carllsi©, Cumberland County My Commission Expires May 2.2009 ,~ EXHIBIT "A" PARCEL NO.21-17-2696-023 ALL THAT CERTAIN pazcel and tract of real estate situate in Middlesex Township, Cumberland County, Pennsylvania, more particulazly bounded and described as follows, to wit: BEGINNING at a point in the Cazlisle Pike, U.S. Highway Route No. 11; thence along line of other land of P. O. Sunday, North thirty-seven (37) degrees nine (9) minutes West four hundred and fifty-four one-hundredths (400.54) feet to a point; thence South fifty-three (53) degrees sixteen (16) minutes forty-five (45) seconds West twenty-two (22) feet to a point; thence North thirty-six (36) degrees forty-three (43) minutes fifteen (15) seconds West five hundred sixty-five and twenty-eight one-hundredths (565.28) feet to a point on other land of P. O. Sunday; thence along land of P. O. Sunday and land now or formerly of John Grosz, North seventy-two (72) degrees forty-one (41) minutes East seven hundred forty-four and seventy-two one-hundredths (744.72) feet to a point on other land of P. O. Sunday; thence along other land of P. O. Sunday South thirty-five (35) degrees seven (7) minutes fifteen (15) seconds East seven hundred thirty- two and ninety-eight one-hundredths (732.98) feet to a point in the Cazlisle Pike; thence South fifty-four (54) degrees (30) minutes forty-five (45) seconds West six hundred fifty-seven and eleven one-hundredths (657.11) feet to a point, the place of BEGINNING. CONTAINING approximately thirteen and thirty-one one-hundredths (13.31) acres. a~ssba~i r~ "' ~;~ ~ ,i .~ Q C.. o '-- ~Q `\:a n ' x ~~