Loading...
HomeMy WebLinkAbout04-2263403 LIMITED PARTNERSHIP, 401 WINDING HILL, L.P., and WINDING HILL OFFICE PARK CONDOMINIUM ASSOCIATION Owners VS. ECI CONSTRUCTION LLC Defendant - Contractor IN THE COURT OF COMMON PLEAS CUMERLAND COUNTY,PENNSYLVANIA MECHANICS' LIEN NO. ,~ z/,..,.~¢. ~,3 STIPULATION AGAINST LIENS The undersigned contractor, materialman or other entity or person furnishing services, labor or materials, known as ECI CONSTRUCTION LLC, a Pennsylvania limited liability company (the "Contractor") intending to be legally bound, and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00) to it in hand paid by 403 LIMITED PARTNERSHIP, a Pennsylvania limited parmership, 401 WINDING HILL, L.P., a Pennsylvania limited partnership, and WINDING HILL OFFICE PARK CONDOMINIUM ASSOCIATION, a Pennsylvania nonprofit corporation (collectively, "Owners") 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 May 6, 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 tmdersigned, 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. 0§/05/2004 10:31 FAX ?17 237 5300 N~NEES ~ALLAOE & NURICK ~007/014 Owner shall have the absolute right in its name or in tho 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 Ii{ms to be discharged by any other instnuncnt, pleading or proceeding permitted at law or in equity. The undersigned he. by avers, represents and warrants that work has commenced oil the Real Estate, that materials have been delivered to the Peal Estate and that labor has bell fiu~ished for the impr0voment of tho R~al Estate by tho undersigned and by the list of Contractor's subcontractors and materialmen attached hereto as Schedule B. The unde~igned rcprcscz~ts to Owner that the attached Hat of subcontractors and materi~lmcn ~preaenta all of the persons and/or entities with whom Contractor has executed subcontracts and that each of thc said subconlractors has ~ to thc terms of this stipulation as evidenced by ~leascs and waivers of liras executed and delivered to Contractor by ~he said subcontractors and materiaimen. Thc vndcrvi~ned further agrees that it shall not enter into any additional coniz'acts with any perSons or cntitic$ for work to be done upon or materials to bo delivcr~ to the Real Estate which arc within tho $copc of the principal contract between Contractor and Owner for a peziod ofte~ (10) days following the recording of this stipulation against liens. This Stipulation is m~lc and intended to be filed with the Cumberland County Prothonota.,y in accordance with the requirements of the Mechanics' Lien Law of 1963 of thc Commonwealth of Permsylvania. IN WITNESS WHEI~OF, the undarsi~ned has caused this in.m'ument to be duly executed a,~ of the 8th ATTEST: · E±chel~erger rp Secretly day of May, 2004. Title: Chairman 05/06/2004 10:32 FAX 717 237 5300 MCNEE$ W^LL^CE & NURICK ~008/014 SCHEDULE A Units 1 through 4 and r~lated Common 121emen~ of the Winding Hill Office Park Condominium localed in Upper Allen Township, Culnbcfland County, pcnnsldvania, which Unim and Common Elemanr~ are designated in thc Declaration of Condominium of Winding Hill Office Park Condominium and the Declaration Plats and Plan, both ofwhlch are dated and recorded May 6, 2004 in the Office of the Cumberland County Recorder of Deeds. SCHEDULE B NONE.