HomeMy WebLinkAbout04-4174CORPORATE GATEWAY GENERAL
PARTNERSHIP
Owner-Plaintiff
PYRAMID CONSTRUCTION
SERVICES, INC.
Contractor-Defendant
IN TH~ COURT OF COMMON PLEAS
Cumberland County, Pennsylvania
STIPULATION AGAINST !,I~2,NS
The undersigned contractor, materialman or other entity or person furnishing
services, labor or materials, known as Pyramid Construction Services, Inc., a
Pennsylvania corporation (the "Contractor") intending to be legally bound, and in
consideration of the sum of FIFTEEN AND NO/100 DOLLARS ($15.00) to it in hand
paid by Corporate Gateway General Partnership, a Pennsylvania corporation,
("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 06/23/04 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 instrnment 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 ¢leading,
instrument or amendment, or in any way concerning them.
Corporate Gateway General Partnership
Page # 1
Owner shall have the absolute right in its name 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 o£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 5th day of.August, 2004.
ATTEST:
CORPORATE GATEWAY
GENERAL PARTNERSHIP
(Corporate Seal)
CONTRACTOR:
PYRAMID CONSTRUCTION
SERVICES, INC.
_Jffs F. Reed v
VP - Estimating & Purchasing
IFR:bcw
Corporate Gateway Genera Partnership
Page #2
SCHEDULE A
LEGAL DESCRIPTION OF WORK
ALL THAT CERTAIN land and premises situated in Upper Allen Township,
Cumberland County, Pennsylvania, being Lot D-2 in Final Subdivision Plan of Tracts
"D" and "F" Lots D-2 and F-3, a portion of"Rossmoyne Industrial Park" for Smith Land
& Improvement Corporation by J. Michael Brill & Associates, P.E. dated May 9, 1988
and recorded in Cumberland County Courthouse, on June 23, 1999, as follows, to wit:
BEGINNING at a point on the northern right-of-way line of "Ritter Road" (a 60 foot
right-of-way), said point being located and referenced from the centerline intersection of
"Ritter Road" and "Scott Street" the following two (2) courses and distances: 1) from
said intersection along the centerline of "Ritter Road" south 51 degrees 50 minutes 23
seconds west, a distance of 526.35 feet to a point; 2) thence north 38 degrees 09 minutes
37 seconds west, a distance of 30.00 feet to a point on the northern right-of-way line of
"Kitter Road", the point f beginning; thence from said point of beginning, along the
northern right-of~way line of "Ritter Road" south 51 degrees 50 minutes, 23 seconds
west, a distance of 515.29 feet to a point; thence along other lands now or formerly f
Smith Land & Improvement Corporation, north 38 degrees 09 minutes, 37 seconds west,
a distance of 423.38 feet to a point on the solution right-of-way line fU.S Route 15 (L.R
123); thence along the southern right-of-way line of U.S. Route 15 on an arc of a curve
curving to the fight having a radius of 2,789.79 and an arc length of 312.85 feet to a
point; thence along the same north 51 degrees 04 minutes 37 seconds east, a distance of
203.38 feet to a point; thence along Lot D-1 south 38 degrees 09 minutes 37 seconds past
a distance of 447.77 feet to a point on the northern right-of-way line of "Ritter Road",
being the point of BEGiNNiNG. Said tract contains 227,147.98 square feet or 5.215
acres.
Corporate Galewa~v General Partnership
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