HomeMy WebLinkAbout06-4260
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THE MOST REVEREND GEORGE L. LEACH,
BISHOP OF THE DIOCESE OF HARRISBURG,
IN TRUST FOR THE ROMAN CATHOLIC
CONGREGATION OF GOOD SHEPHERD CHURCH, :
CAMP HILL, CUMBERLAND COUNTY,
PENNSYL V ANlA,
Owner-Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
MECHANICS' LIEN
NO. 6/s. -421-0 fY1 L...lJ I~
CONEW AGO ENTERPRISES, INC.,
Contractor-Defendant
STIPULATION AGAINST LIENS
The undersigned contractor, materialman or other entity or person furnishing services, labor or
malerials, known as CONEW AGO ENTERPRISES, INC., a Pennsylvania corporation (the
"Contractor") intending to be legally bound, and in consideration of the sum of ONE AND NOIIOO
DOLLARS ($1.00) to it in hand paid by THE MOST REVEREND GEORGE L. LEACH, BISHOP
OF THE DIOCESE OF HARRISBURG, IN TRUST FOR THER ROMAN CATHOLIC
CONGREGATION OF GOOD SHEPHERD CHURCH, CAMP IDL, CUMBERLAND COUNTY,
PENNSYLVANIA ("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 malerialmen'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 materia~furnished under the principal contract between Owner and Contractor,
dated A~ t e ,200', or under any supplemental contract, verbal or written, or contract for
extra work 0 materials relaling 10 and work to be done or material furnished under said principal
contract. The undersigned, for itself, its subcontraclors, 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
jurisdiclion 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 incorporale 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.
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Owner shall have the absolute righl in their name(s) 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 yel been given by the Owner to the undersigned to commence work
or purchase malerials in connection with the Real Estale.
This Stipulation is made and intended to be filed with the Cumberland County Prothonolary 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 26th day of July, 2006.
WITNESS:
CONTRACTOR:
CONEW AGO ,ENTERPRISES, INC,
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B
ame: Christine M. Smi
Title: Executive Vice President
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SCHEDULE A
Composite Description of3 Tracts
For Good Shepherd School
Camp Hi\1 Borough and Hampton Township
Cumberland County, Pennsylvania
ALL THAT CERTAIN tract ofland situate on the north side of Market Street, S. R. 1010,
between North 34'" Street and North 35110 Street generally within Camp Hill Borough with the
western portion located in Hampton Township, Cumberland County, Pennsylvania and being a
composite of 3 separate tracts being combined into 1 tract as shown on a plan prepared by
Herbert, Rowland & Grubic, Inc., dated March 23, 2006, Project No. 3251.004, Drawing Lei,
Sheet 4 of 14 and rworded in the Office for the Recording of deeds, etc., in and for Cumberland
County, Pennsylvania in Subdivision Plan Book ----------------; said composite tract being more
fully bounded and described as follows:
BEGINNING at a point, said point being the intersection of the northern right-of-way line
of Market Street, (50-feet wide), with the westem right-of-way line of North 34110 Street, (60-feet
wide); thence along the northern right-of-way line of Market Street and crossing into Hampton
TOWllship, south 83 degrees 26 minutes 44 seconds-wcst, a distance of 940.79 feet to a point, the
intersection with the eastern right-of-way line of North 35th Street, (60-feet wide); thence along
the eastern right-of-way line of North 35110 Street, north 06 degrees 33 minutes 16 seconds west, a
distance of200.00 fcctto a point, a comer of land of Marjorie M. Kitchen; thence along the same
and along various lots fronting on Walnut Street and rec::rossing into Camp Hill Borough, north 83
degrees 26 minutes 44 seconds east, a distance of 940.79 fcctto a point on the western right-of.
way line of North 34'" Street; thence along the western right-of-way of North 34th Street, south 06
degrees 33 minutes 16 seconds east, a distance of200.00 feet to a point, the place of beginning.
Containing 4.3195 Acres
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