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Home My WebLink About05-1637 TO THE PROTHONOTARY: PLEASE INDEX AGAINST ALL PARTIES AS PLANTIFF AND AGAINST ALL PARTIES AS DEFENDANT CEDAR - CAMP HILL, LLC 44 SOUTH BAYLES AVE., SUITE 304 PORT WASHINGTON, NY 11050 Owner-Plaintiff IN THE COURT OF COMMON PLEAS Cumberland County. Pennsylvania v. o!:- /tp37 tnU PYRAMID CONSTRUCTION SERVICES, INC. 4425 VALLEY RD., ENOLA, P A 17025 Contractor-Defendant STIPULATION AGAINST LIENS The undersigned contractor, materialman or other entity or person furnish ng services, labor or materials, known as ramid Co struction Services Ine, a Pennsvlvania corporation (the "Contractor") intending to be legally bound, and in consideration of the sum of ONE AND NO/I00 DOLLARS ($1.00) to it in hand pai by CEDAR - CAMP HILL. LLC a Pennsylvania corporation, ("Owner") the rec ipt whereof is hereby acknowledged, for itself and any subcontractors, materialmen, labo ers or anyone else acting through or under it, covenants and agrees that no mechanic or materialmen's liens or claims shall be filed or maintained by it, them or any of em, against the real estate described in Schedule "A", attached hereto and made a part he of, or against any buildings or other improvements thereon (jointly and severally, the" eal Estate"), for or on account of any work to be done or materials furnished unde the principal contract between Owner and Contractor, dated 10/15/04 or under any supplemental contract, verbal or written, or contract for extra work or materials rei ting to and work to be done or material furnished under said principal contract. The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acti g or claiming through or under it, hereby waives and relinquishes all right to file a mech ics' 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 else acting under or through it, hereby irrevocably authorizes and empowers any a of any court of competent jurisdiction of the Commonwealth of Pennsylv a, 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 f the undersigned, any and all claims, liens, any pleading or instrument, or any amen ent to any pleading or instrument previously filed by it or them, to incorporate therein as of the record this waiver and for such act or acts this waiver shall be good and su Ident warrant and authority, and the undersigned for itself, and for them, does hereby emise, release and quit-claim all rights and all manner of errors, in filing such pi ading, instrument or amendment, or in any way concerning them. Cedar Shopping Centers Page #1 ... Owner shall have the absolute right in its name or in the name of the undersigne or any other entity or person who shall have filed a claim or lien, to cause any and a such claims or liens to be discharged by any other instrument, pleading or proceedin permitted at law or in equity. The undersigned hereby avers, represents and warrants that no work h s commenced on the Real Estate and no labor or materials have been delivered to the Re I Estate or furnished for the improvement of the Real Estate by the undersigned or by a y subcontractor, materialman, laborer, or other person or entity, and that no authorizati n has yet been given by the Owner to the undersigned to commence work or purch e materials in connection with the Real Estate. This stipulation is made and intended to be filed with the Cumberland Cou ty 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 ly executed as of the 23'" day of March,2005. ATTEST: CEDAR- CAMP HILL, LLC CONTRACTOR: PYRAMID CONSTRUCTION SERVICES, me. C!L~ By (Corporate Seal) JLK:bcw Cedar Shopping Centers Page #2 SCHEDULE A LEGAL DESCRIPTION OF WORK ALL THAT CERTAlN tract of ground situate in the Borough of Camp Hill and t Township of East Pennsboro, County of Cumberland and Commonwealth Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point, said point being the right-of-way intersection of the southe right-of-way line of Trindle Road and the western right-of-way line of South 32nd Stre t; thence along the western right-of-way lone of South 32nd Street, South 40 degrees 3 minutes 00 seconds East, a distance of 134.51 feet to a point; thence along the sa e, South, 10 degrees 26 minutes 00 seconds East, a distance of 461.34 feet to a point; the ce along the same, South 11 degrees 48 minutes 00 East, a distance of 870.92 feet to a po' t; thence along land of Commonwealth of Pennsylvania, Ramp "H" Harrisburg Express ay the following seven (7) courses: (1) South 78 degrees 12 minutes 00 seconds We ,a distance of 14.00 feet to a point; thence (2) on an arc of a curve curving to the . ht having a radius of394.00 feet, an arc length of368.30 feet to a point; thence (3) Sout 41 degrees 45 minutes 28 seconds West, a distance of 511.18 feet to a point; thence (4) South 56 degrees 19 minutes 00 seconds West, a distance of 198.36 feet to a point; th ce (5) along an arc of a curve curving to the right having a radius of 364.00 feet, an arc length of 247.77 feet to a point; thence (6) South 05 degrees 19 minutes 00 seconds est, a distance of 16.00 feet to a point; thence (7) North 84 degrees 41 minutes 00 se nds West, a distance of 86.77 feet to a point; thence along land now or late of Pennsyl ania Real Estate Investment Trust the following four (4) courses: (1) North 24 degre 49 minutes 00 seconds West, a distance of 99.92 feet to a point; (2) thence North 65 de ees 11 minutes 00 seconds East, a distance of 15.00 feet to a point; (3) thence No 24 degrees 49 minutes 00 seconds West, a distance of 120.00 feet to appoint; (4) t ence North 64 degrees 26 minutes 00 seconds East, a distance of 303.09 feet to a point; t ence along the same, land now r late of Hampden Industrial Development Authority an land nor or late of Charles Adler & Sons, Inc., North 24 degrees 49 minutes 00 seconds a distance of 1,633.31 feet to a point on the Southern right-of-way line fTrindle thence along said right-of-way line, North 65 degrees 21 minutes 00 seconds distance of 1,184.06 feet to a point the point of BEGINNING. BEING THE SAME PREMISES which Mid-Island Properties, Inc., a Penns vania Corporation, conveyed unto Connecticut General Life Insurance Company, a Conn cticut Corporation, by deed dated November 1, 2000 and recorded November 15, 2 00 in Record Book 233, Page 1140. BEING Property Parcel Number 01-21-0273-410. Cedar Shopping Centers Page #3 iJ: \ \ \ ~ 'c - ~ ~ ~J c.J V ~ ~ ~' n 'i; r-' -~ -:::0 Q'\ ,",' ,(~, C-~ 7:. :1. ~ ~? ...,'" ~. ~ <;?, ~-,\ ""';-....--->' t\'\:;;i- __nr:' "_i..I''::; 'd~__~'~, ~::';:.~), ~,;. t < ' :-~\ ~3: --;) ~ ,:: ::;:- --