HomeMy WebLinkAbout04-0925GIANT FOOD STORES LLC and
CALDWELL DEVELOPMENT, INC.
Name of Contractor:
LOBAR ASSOCIATES, INC.
:Contractor-Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND (county), PENNSYLVANIA
: MECHANIC'S LIEN
NO.
STIPULATION AGAINST LIENS
The undersigned contractor, materialman or other entity or person furnishing services,
labor or materials, known as LOBAR ASSOCIATES, 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 GIANT FOOD STORES LLC and CALDWELL DEVELOPMENT, 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 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 ~--~_~rtta Q/ 15~ ,2004, 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 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.
DJTl20SfipsForm
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.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly
executed as of the 3rd day of March ,2004.
WITNESS:
CONTRACTOR:
LOBAR AS~SOCIATES, INC.
B
,,maine:
wen(lie 1~. elarlng
Title: Corp Sec/Trea
DJT120StipsForm
SCHEDULE A
(Attach Legal Description)
ATTACHMENTS
EXHIBITS
"m"
&
"B"
DJTI20StipsForm
NORTH
"GIANT FOOD STORES" G CUMBERLAND BUSINESS PARK
81TE PLAN EXHIBIT #1
UPPER ALLEN TOWNSHIP CUMBERLAND COUNTY, PA
j J. MICHAEL BRILL & ASSOCIATES, INC.
CONSULTINGENGINEERS
M SUITE 112
5010 RITTER ROAD
B MECHANICSBURG, PA 17055
TELEPHONE: (7171 691-0200
SCALE: 1" = 120'
DATE: SEPTEM~:R 8, 19.97
,345~ 758-A
SHEET 1 OF 1
ALL THAT CERTAIN pl~;~ or p~m{d ef l~d situate/n Up~ Allen To--p,
C~ ~, P~lv~ b~g Lot No. 4 of a Pl~ of ~b~ B~esa
BEGINNING a~ a point, said point I~ing a mbar located on
C~berl~ Pg~ay ~d ~d reb~ flee ~ ~e sou~ pmp~ co~ ofl~ now or
~etly of Sy~m Ke~ ~, In~.; ~ flon~ ~e eastern pmpe~ l~e of ~d ~ No~ ·
locat~ on the sou~m H~t~f-~y lln~ of~ P~sylv~a ~p~;
of-~y ~e ~ five (5) follo~ng co~ses ~
1, Soudt 83 degrees 24 minules 30 seconds East a d~stance of 317,92 feet to a point;
2, South 74 degrees 07 miautes 55 second~ East s distance of 303,98 feet to a point;
3. Sou'th 38 dcge=~ 24 minut~s 30 se~o~cla t~ast a dJa-~moa of 390,32 feet to a point;
4, 8omh 83 degrees 24 minu:es 30 se~mrt~ East a distains of 28 l.O0 feet to a potn~
Nerds 18 deSmes 54 minutes 54 e~onds East a distance of 41.37 ~ to a ~t; s~d p~t .'~
~g l~ un ~m w~a~m pro~ t~ ofl~ ~ow or f~tly of Mi~l ~
8erluco.
thence alone said property line South Ii) degrees 25 minutes tO seconds Bast a distance of
430.36 feet to aport, said point beh~ the no~h property come~ of Lot #7 of the Cumbe~hmd
Business Park; thence along the western property line of said Lot #7 South Ol degmia 06 ~
minutes 44 seconds East a d/~tance of 145.50 feet to a point; thence along the ~e South 17
degrees 01 t~'nu~ ~:2 ~nds Hast a allstate of $7,42 feet to ~ polar located o~ the northern
right, of. way line of an unnamed Tovmsh¥ mad; thence along said right*of-~¥ th~ follow~tB
four (4) ooutees and ~stances;
1. Not~h 73 degrco~ 33 minutes 57 seconds We~ a dt{~n~ of 490.90 feet to a md. and cap;
2. North 55 degas 07 minutes 1.5 se~ond~ W~t a distance of t49,7T feet to a rod and cap;
3. Noah 73 degrees 31 minutes 03 se~onds West a distance of 149,77 f~t to a tod and rap;
South 16 degrees 30 minutes 35 seoonds West a distlm~ of 130.0g f~st !o a rod ~ c~
{oca~ed on the northern right-of-way 1{~ of fire aforetllentloned Cumberland P~hw~y;
thc~e along saki fight-of-way line North 73 degrees 33 minutes 57 seconds West a dismn~ of
~00.70 fern to the POINT OF BEGrNN~NG,
Said ii'act contains 16.136 a~rcs, pursuant to the survey ang fl~.l la, nd do¥clopm~nt/~ubdlvbioa
plan of $. Michael Btill & Associates, Inc., dated June 2, 1997, which is thus made a pa~ hereof
EXHIBIT
609 127