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ORIGINAL
SANNDREL OF PENNSYL VANIA TRUST,
Owner; and KFJ ENTERPRISES, LLC, Tenant-
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
MECHANICS' LIEN
NO. Ot. -1./1J'~ /'bLn ~J2-1-
FMS NETWORK, INC.,
Contractor - Defendant
STIPULATION AGAINST LIENS
The undersigned contractor, materialman or other entity or person furnishing services, labor or
materials, known as FMS NETWORK, INC., a Pennsylvania Corporation (the "Contractor"), intending
to be legally bound, and in consideration of the sum of ONE AND NOI100 DOLLARS ($1,00) to it in
hand paid by SANNDREL OF PENNSYL VANIA TRUST ("Owner") and KFJ ENTERPRISES, LLC
("Tenant"), 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 Tenant and Contractor, dated
November 20, 2006, 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 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 filing such pleading, instrument or amendment, or in any way concerning them.
Owner and Tenant shall have the absolute right 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
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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 Owner or Tenant 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 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 22 #P day of /J"VIEHhst.. ,2006.
WITNESS:
CONTRACTO!j /
r~.5 /verw~~ Lt5!c:..
Bv: b(h,~W ~
" Name: bh In W. /3v~ e.y
Title: ~ /.lJE/t/T'
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SCHEDULE "A"
Legal Description of Shopping Center
ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, Cumberland
County, Pennsylvania, more particularly bounded and described in accordance with survey of Ernest 1.
Walker, Professional Engineer, dated March 3, 1969, as follows:
BEGINNING at a point in the center line of Simpson Ferry Road (Pa. Route No. 570), which
point is at Pennsylvania Highway Station No. 196+00; thence along the center line of Simpson Ferry
Road South 75 degrees 10 minutes 45 seconds West a distance of 486.49 feet to a point at land now or
late of U. S. Plywood Corp,; thence along same North 13 degrees 53 minutes 00 seconds West a distance
of 437.90 feet to a point; thence further along same in an arc having a radius of 240.00 feet in a Northerly
direction to the right a distance of 271.71 feet (the chord of which is North 18 degrees 30 minutes 00
seconds East a distance of 257.43 feet) to a point which point is 2,000.75 feet East of the center line of
St. John's Road and at land now or late of Penn Central Railroad; thence along same North 76 degrees 07
minutes 00 seconds East a distance of 851.98 feet to a point at the Westerly line of land now or late of
Moore's Wholesale, Inc.; thence along same South 13 degrees 53 minutes 00 seconds East a distance of
598,28 feet to a point; thence South 78 degrees 31 minutes 18 seconds West a distance of 245.80 feet to a
point; thence in an arc having a radius of 5,789.65 feet in a Westerly direction to the left a distance of
258.54 feet to a point; thence South 14 degrees 10 minutes 55 seconds East a distance of 64.56 feet to a
point in the center line of Simpson Ferry Road, the place of BEGINNING.
CONTAINING 13.196 acres.
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