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Home My WebLink About02-1471IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMERCE BANK / HARRISBURG, N.A., doing business as COMMERCE BANK, N.A., a Nationally Chartered banking Association, Tenant and CONNECTICUT GENERAL LIFE INSURANCE COMPANY, a Connecticut Corporation, Owner and PREMIER CONSTRUCTION GROUP, INC., a Pennsylvania Corporation, Contractor Filed: ,2002 No. ff 2- Iff?l Ml. d3 STIPULATION AGAINST AND WAIVER OF RIGHT TO FILE MECHANICS' LIEN WHEREAS, Premier Construction Group, Inc. (the "Contractor"), a Pennsylvania Corporation with a business address at 39 South York Rd., Suite A, Dillsburg, PA 17019, and Commerce Bank / Harrisburg, N.A, doing business as Commerce Bank, N.A. (the "Tenant"), a Nationally Chartered Banking Association duly authorized to do business in Pennsylvania, with an address at 100 Senate Avenue, Camp Hill, PA 17011, entered into a certain agreement dated March 12, 2002 (the "Contract"), relating to the performance by Contractor of certain work (the "Improvements") with respect to the erection and construction of a new one-story building containing approximately 3,700 square feet for use as a bank branch building with a four lane drive- thru facility (completely finished to business use) within the area more particularly described in "Sketch #5" attached hereto as "Exhibit A" and incorporated herein by reference, which area forms a part of the shopping center presently known as the "Camp Hill Shopping Mall," 32nd Street and Trindle Road, Camp Hill, Cumberland County, Pennsylvania, on the property (the "Premises") owned by Connecticut General Life Insurance Company, a Connecticut Corporation (the "Owner"). The said Premises are more particularly described in "Exhibit B," which is attached hereto and incorporated herein by reference. NOW, THEREFORE, in consideration of the execution and delivery of the Contract, and in consideration of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the Contractor, for itself, and its agents, servants, stockholders, employees, representatives, assigns and successors, and all subcontractors and other parties acting through or under Contractor, does hereby covenant, promise and agree that no mechanics' lien or claim of any kind shall be filed or maintained against the Improvements or the Premises, or any part or parts thereof, or the appurtenances thereto, by Contractor or by any subcontractors, materialmen, laborers or others, for work done or for any tools, equipment, materials or supervision, or other services furnished under the Contract or any subcontract or supplements thereto, written or oral, or by any other party acting through or under them, or any of them, for and about the Improvements, the Premises, or any parts thereof, or on credit thereof. -2- And this Stipulation Against and Waiver of Right to File Mechanics' Liens shall be an independent covenant and shall operate and be effective as well with respect to work done and materials and services furnished under any supplemental contract for extra work in connection with the construction of the Improvements as to any work and labor done and material furnished under the Contract. And, in order to give the Tenant and Owner full power and authority to protect themselves and the Improvements and the Premises against any and all claims filed by the Contractor, or by any subcontractor or anyone acting under or through the Contractor in violation of the foregoing covenant, Contractor, for itself, its agents, servants, stockholders, representatives, assigns and successors, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for it, them, or any of them, and in its or their name or names, to mark satisfied of any such mechanics' lien or claim, at the cost and expense of the Contractor, or its agents, servants, stockholders, representatives, assigns and successors, against the Improvements or the Premises, or any parts thereof, and for such act or acts this shall be a good and sufficient warrant and authority, and a reference to the Court and to the docket in which and where this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor, for itself, its agents, servants, stockholders, representatives, assigns and successors, does hereby release all errors and defects whatsoever in the entry of any such satisfaction or the exercise of the authority hereby conferred. THIS WAIVER OF LIENS will be filed in the Office of the Prothonotary of Cumberland County, Pennsylvania, pursuant to the provisions of the Act of August 24, 1963, P.L. 1175, No. 497, as supplemented and amended, and the Prothonotary is required to index this Stipulation and Waiver in the name of the Contractor both as Defendant and as Plaintiff, and in the name of the Tenant and the Owner both as Defendants and as Plaintiffs, in accordance with the Mechanics' Lien Law of 1963, the Act of August 24, 1963, as aforesaid, the receipt of such filing to be delivered to the Owner. WITNESS the due execution hereof, with the intent to be legally bound, this ~0~th ~ts'day of ~tl i~,l & ,2002. Attest/Witness: PREMIER CONSTRUCTION GROUP, INC., A PENNSYLVANIA CORPORATION, CONTRACTOR: Print Name: Title: Print Nanktle: jef~e~e~. Title: President -4- Commonwealth of Pennsylvania County of SS. On this, the day of ~,d~ ~' , 2002, before me, the undersigned officer, personally appeared JEFFREY A. MEALEY who acknowledged himself to be the President of PREMIER CONSTRUCTION GROUP, INC., a Pennsylvania Corporation, and acknowledged that he, in such capacity, being authorized to do so, executed the foregoing Stipulation Against and Waiver of Right to File Mechanics' Liens for the purposes therein contained by signing the name of the corporation by himself/herself as such [~ttd.,~ G,~ ~t-~o G-a~, and desired that the same might be recorded as such. ~ IN WITNESS WHEREOF, I hereunder set my hand and Official Seal. (Notarial Seal ) ~!ota~y Public '~'1~ My Commission Expires:~._~\t~{~qX No.iai Se~l ~ W, Me~dey, Noisy Public Monnllum Twp., York ~nty My ~ion Ex~ Nov, ~, ~ -5- "EXHIBIT A" Description of Leased Area (Free Standing Pad Site #5) Premises (3,700 square feet) and the denominator of which is the Gross Leaseable Area of the Shopping Center. Said Pro Rata Share is subject to adjustment if the numerator or denominator shall change during the Lease Term. Common Areas: All of the facilities in or around the Shopping Center designed and intended for use by tenants of the Shopping Center (including their agents, employees, contractors, customers and invitees), including exterior lighting facilities, parking areas, access roads, curbs, and landscaping, but excludine aH facilities situate in any other buildings situate on the Shopping Center. ARTICLE II Premises and Terms 2.1. Premises - Pursuant to the terms and provisions of this Lease, the Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the Premises (as hereinafter def'med) which are part of the Shoppping Center. "Premises" shall mean the following: (a) Branch Bank Facility. As shown on the attached Exhibit "A", the Premises shah include, in its entirety, the branch bank facility containing approximately three thousand seven hundred (3,700) square feet and a four (4) lane drive-thru facility. The branch bank facility to be constructed by Tenant pursuant to the terms and conditions of the Lease, is hereinafter called "Bank". (b) Maintenance Area. The "Maintenance Area" excludes the Common Areas and is shown and outlined in red on the attached 8/23/0 :269796 L £00 ';~'$) ,133~1S pu~ 'S / / "EXHIBIT B" Property Description - Camp Hill Shopping Mall EXHIBIT A LEGAL DESCRIPTION ALL TItAT CERTAIN tract of 8mumi aituato in th~ BoroUgh o£ Camp Hill ~nd the Township of East Penusboro, County of Cumberland and Commonwealth of ?ennsylvania, bound:~ and described as follows, to wit: BF, GII~ING ~t a poi:a, snid point bgnS te rig,.of*way ~r~on or ~e ~ut~m way lb= of T~ ~ ~ tho ~m ~of-~y ~ of ~ 32nd S~est; the~ aloha t~ dis~ af 134.51 fe~ ~ a po~; ~e ~ong ~ ~e, ~uth I0 de~e~ 26 m~es 00 ~ ~, a di~ of 451.~4 fe~ ~ a ~ ~ alon~ ~e s~o, ~u~ 1 minu~ ~ ~oa~ ~ ~ d~ce of 870.92 feet m ~ ~i~; ~ncc Co~weal~ of P~ylv~ ~ ~" H~B~ Exp~y ~ foilo~n~ sev~n co~: (1) sou~ 2~ degre~ 12 m~ ~ ~ ~, a ~ of 14.00 foot to a po~t; thm~ (2) on an' ~ ora ~e ~ lo ~ fi~ ~n~ a ~d]~ of 394.00 f~t, of36~.30 fe~ ~ a ~tn~ ~e (3) ~ 41 ~ 4t mlnu~ 28 ~ ~st a dt~ of 198,36 f~t m a ~ ~ (~) flo~ ~ ~ of acun, e ~ing m ~e ~t ~ving a ~1~ of 3~.~ ~t. ~ ~ le~ of 247,~ f~t ~ a ~ ~m~ C6) ~u~ Oi b~ 19 miau~s O0 ~ ~a, a diK~ of 16.00 f~t to a ~ ~e~ (7) flo~ 84 ~s 41 minum O0 ~s ~ a dis~ of ~ ~ ~ a ~ ~n~ a]o~ 1~ ~w or la~ or P~y~ia ~ ~ lnv~ ~ &e folbw~g fo~ (4) ~: (1) ~ 24 de~ ~o~ we~ a ~ of ~.~ f~t m $potm; {2) ~ ~ 6~ to~s 1 ! minum 00 ~ ~ a ~s~ of 15.~ ~ ~ a ~i~ (3) ~n~ ~o~ 24 de~s ~nds ~ a ~ of 120.~ ~ ~ a poin~ (4} ~ no~ ~ de~ 26 ~o~ ~ a d~ of 103.09 ~ ~ a polntl ~ along ~ ~, isnd now or h~ of ~ I~us~l De~iop~t Au~fl~ ~ 1~ now or ~ of C~es ~ler & S~ ~., no~ 24 donees 49 ~utes 00 ~ ~ a ~s~ of 1~33.31 f~t to a 21 ~nu~ ~ ~o~s ~L a dl~ of 1,184.06 ~ct ~ a point ~ ~ BEING TI~ SAM~ PREMIS~ which Camp Hill Shopping Cmttm-. Inc., a Pennsylvama Corp0t~ion, conveyed unto Mfd-lshmd Pwp~nics, lno., a Pennsylvania Corporp);ion, by deed dated Angst 19. IIF/0 and reconted Sq~tember 8, 1970, in the Recorder's Office in end for Cumbm'land Couray~ PA in Record Book U, Vo|umo 23, Page 145. BEING _'t'T~__- SAIV~ PRSMISES which Theodore S. Halteman, Sylvan M. Cohen, Sack Father, William P,. Dimelln~ Samuel J, Kormaa, Monis A, Kravitz, Ma:yin Orleans a~i Ivts~n O. aer~m, a,~. as Trustees under Tru~ Indenture 1~ amended and ~tated D~cember 17, t~?l and ~cosded in Monttiom~ County, Pennsylvania in Deed Book 3757, Page 307, dnigna~ed as Pennsylvania Real Eatat~ Inv~mt Trust, convoycd uato Mid-Islmul Propertles, Iuo. a Pem~.ayIvania co.~.~ra~i, on, by deed dat~l S~pteml~r 23, 1984 and r~oo~ October 2, 1984, in the Recordor's Office m and for Cumtmrland County, PA in R. ccord Book X, Volume 30, Pal~e $32. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMERCE BANK / HARRISBURG, N.A., doing business as COMMERCE BANK, N.A., a Nationally Chartered banking Association, Tenant and Filed: No. ,2002 CONNECTICUT GENERAL LIFE INSURANCE COMPANY, a Connecticut Corporation, Owner and PREMIER CONSTRUCTION GROUP, INC., a Pennsylvania Corporation, Contractor PRAECIPE FOR INDEXING TO THE PROTHONOTARY: Please index this Stipulation Against and Waiver of Right to File Mechanics' Lien in the names of the Tenant and of the Owner, as Plaintiffs and Defendants, and cross-index the Stipulation Against and Waiver of Right to File Mechanics' Lien in the name of the Contractor as Plaintiff and Defendant. JOHNSTON & DIAMOND, P.C. Suite 100, 150 Corporate Center Drive Post Office Box 98 Camp Hill, Pennsylvania 17001-0098 (717) 975-5500 B3'~'~_ ~, ~~ ~AME$ A. DIAMOND Pa. I.D. No. ~3902 Attorneys for Connecticut General Company, Dated: March 21, 2002