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HomeMy WebLinkAbout06-2430 , GRA YSTONE BANK OWNER IN THE COURT OF COMMON PLEAS CUMERLAND COUNTY, PENNSYL VANIA vs. MECHANICS' LIEN NO. O~ - )LfJD mill ~'VL~ eciCONSTRUCnON, LLC Defendant - Contractor STIPULA nON AGAINST LIENS The undersigned contractor, materialman or other entity or person turnishing services, labor or materials, known as eciCONSTRUCTION, LLC (the "Contractor") intending to be legally bound, and in consideration of the sum of ONE AND NOll 00 DOLLAR ($1.00) to it in hand paid by GRA YSTONE BANK ("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 June 18,2003, 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 tor 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 tiling such pleading, instrument or amendment, or in any way concerning them. 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 tiled 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 work has commenced on the Real Estate, that materials have been delivered to the Real Estate and that labor has been furnished for the improvement of the Real Estate by the undersigned and by the list of Contractor's subcontractors and materialmen attached hereto as Schedule B. The undersigned represents to Owner that the attached list of subcontractors and materialmen represents all of the persons and/or entities with whom Contractor has executed subcontracts and that each of the said subcontractors has agreed to the terms of this stipulation as evidenced by releases and waivers of liens executed and delivered to Contractor by the said subcontractors and materialmen. The undersigned further agrees that it shall not enter into any additional contracts with any persons or entities for work to be done upon or materials to be delivered to the Real Estate which are within the scope of the principal contract between Contractor and Owner for a period often (10) days following the recording of this stipulation against liens. 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 28th day of April, 2006. ATTEST: ~k: L ------ ~. '- Co, P /( Tina Petrie Assistant Corp. Secretary ~~!~9/~~0~ - . i41:27:'2fJB614~53 7177730733 ~.58 _ 7.1L-6~1-7654 RICHARD C ARCURI PAI,E 0" PAGE B2/02 J /TfrkJeI Bri/I <:& ASSOClAlli. IN(. April ze. 2000 Lf.GA/... Dfi>>CRlf'TlOl'I FOR G~ySTONE BANI( \...OWER ALLEN TOWHSHIP, CUM~D COO","" PA JM9 PROJECT '11" BEGlN141NO 8l. the Primary control Point. said point being a proposed PK n~1I \O~lod cn the eastem rIOht-Of...ay liIIe of Fernwood Avenue (a .40' R/W), 5a1d PrimAry control POInt bell1g tile 1'OINT OF ~OlNNING". ThellOl!l trorn Mid 'POINT Of eeGlNHIHG" alon9 lhe ellIltem r\gllt.of..w8Y In~ or Fe\'11VO'OOll AV8flue, \he following toUlSe allll distance: 1. North 40 degrees 26 minutes 59 se<<>ncb Wed. ... dlJl4noe of .481l.e7 feet to · proposed concrole mo""",en\; sail! IllQllUmenl beIt1g locete<I on lhe $OI.IIhe(n "011\-()f-""'Y line d G<<tylIbUI1l Rolld (B.R. 'lOTI - a 70' R/W); thence along 1M wull1em r1g11l-at-w8Y of G6lty$bU1g Roed 1\18 following <lOurs!! and d\SlIlnce: t. North ~3 degree3 02 mlnutas 42 seconds East. a di~ce DIIlS.68 laet to B propollCld COI'lcrete mon..m>n\; Said monumem being located on the western rtght-01-way fine of ZImmerman OliVe (8 variable widlfI RIW); thena! alono tile weatem rtght-of-MY 01 ZimmelTTllln on.e tile folloWing SllV8ll (7) 00UISl!S and dlslanres: 6. Nol1ll 82 <\0Q11.flS t a ",,1lIII0II 51 seconds East, a llis/ance ol43.63 feet to a pon: ~ CUlV8 10 the left. having 3 1ll1l1us of 1697.02 ~ and an alC len!llh ol175.44 fe9\, said 1'Nl.36 ~ ~o C:~int,;"atlll\l of SOuth 22 dellIMI 311 rnln~8S 51 S8C0nds Ea9l. II dl8Ulnce of Nol1ll63 degme$ 10 minul83 47 Seoood8 ElIst. a distance of 10.00 feet to a point; Along a C&J1V9 10 the IllIl having . arc hIMng 8 chord be81t of 9~radiUS of 1681.02 fee! and an 3IC Ieng\l1 of 163.80 feel Il8ld 163.73 feet to a point: ng h 28 deg!MIJ 25 mlllWls t12 seconds East, a dlstanCe d South 24 degl999 21 mlnul9ll18 IleOOI1ds Easl, a lliSlance Of 41.$5 leel to a poln!' South 34 dllf1l1lll5 00 ml ' nutllS 26seoonds ERst, . dl$tllnce of 12.761"'" to a point. South n llEJ9rees 45 minut 42 ' monument; es seconds East, II dlat8nCII of 18 84 feel to a ~~"'" . t""l""""'" CQnctde S8id monum,nt bel I minutes 53 ~ lie nortl1w95ttlm property com of . seconds est, B dislance of 33.45 fgel to ;[C1 ....the adJOining lot, tllenoa 80IIlh 48 degreea Zl Said Prtmary C<l . t" ,mary WIl\Jtll point; ntrot Poull also being the "POINT OF BEGINNING" S.k! traot of "'nd conta . "GraystOfUl Benk" Ins 38,434.17 SQuare feet 0 ~ Apt1113 ~p818d by J. Mlohll&l 811" & ~~1l8 aCl1fI 81 per Anal SubdMsion ....1 . . leS, ill<:. dated Febru.... 21 2~ r an for 'J . '^'" ana lest 1. 2. 3. 4. 5. 7. ~ ~ -0 ~ --D -{q.. ---- U) \) c -u () ~ r:~ O..f VI ;- I e i'" ru f' ...L._ t {'. .; .~.~ '" .--,<