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HomeMy WebLinkAbout03-6543CHON MOTEL ENTERPRISES, INC. : Owner-Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Name of Contractor: WESTRA CONSTRUCTION, INC. : Contractor-Defendant MECHANIC'S LIEN NO. 03 - 09/3 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 ($1.00) to it in hand paid by Chon Motel Enterprises, Inc. ("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 Aumlst 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 furnished 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. iN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of the ]_~ day of ~b.~% 2003. WITNESS: CONTRACTOR: Westra Cgastructio~7Inc. Title: Branch Controller, Eastern Region ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being partly in Upper Allen Township and partly in Lower Allen Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a polnt on the centerline of the legal right-of-way line of Gettysburg Road, at the northeast comer of lands now or formerly of Fleming Enterprises; THENCE along the centedine of the legal right-of-way line of Gettysburg Road, North 40 degrees 13 minutes 14 seconds East a distance of 165.88 feet to a point being the northwest corner of Lot No. 1 of the hereinafter referenced Preliminary/Final Subdivision Plan; THENCE along the western line of said Lot No. 1, South 49 degrees 46 minutes 46 seconds East a distance of 196.03 feet to a point; THENCE along the same, North 58 degrees 30 minutes 30 seconds East a distance of 71.06 feet to a point; THENCE along the same, South 53 degrees 49 minutes 11 seconds East a distance of 230.81 feet to a point on the northern legal right-of-way line of Route ,15 (S.R. 0015); THENCE along said northern legal right-of-way line of Route 15, South 51 degrees 40 minutes 12 seconds West a distance of 636.24 feet to a point on the eastern boundary line of land now or formedy of Smith Land & Improvement Company; THENCE along the eastern line of said Smith Land & Improvement Company lands, North 49 degrees 46 minutes 46 seconds West a distance of 120.94 feet to an existing iron pin along the southern line of the aforementioned Fleming Enterprises land; THENCE along the southern line of said Fleming Enterprises land, North 41 degrees 33 minutes 14 seconds East a distance of 372.73 feet to a point at the southeast corner of said Fleming Enterprises land; THENCE along the eastern line of said Fleming Enterprises land, North 49 degrees 24 minutes 46 seconds West a distance of 210.00 feet to a point, the point and place of BEGINNING. BEING Lot No. 4 on the Praliminary/Final Subdivision Plan for David L. and Jamie L. Hoffman, prepared by Hoover Engineering Services, Inc. dated June 28, 2002, last revised October !5, 2002, recorded December 6, 2002 in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 86, Page 59. EXHIBIT "A"