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HomeMy WebLinkAbout02-3086AARON RUBIN AND SONS, INC., Plaintifl- Owner WESTRA CONSTRUCTION, INC. Defendant - Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MECHANICS' LIEN NO. G?._ STIPULATION AGAINST LIENS The undersigned contractor, materialman or other entity or person funfishing services, labor or materials, known as Westra Construction, Inc. (the "Contractor") intend'rog to be legally bound, and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00) to it in hand. paid by Aaron Rubin and Sons, Inc. ("Owner") the receipt whereof is hereby acknowledged, for itself and any subcontractors, materialman, 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 improvement.q 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, daW. xl June 20, 2002, 2000, 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, materialman, 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 corm 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 i'ecord 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 ttfem, 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 shall have the absolute right in its name or in the name of the undersigned or any other entity dr persofi 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 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 of ten (10) days following the recording of this stipulation against liens. This stipulation is made and intended to be filed with the Cumberland Com'~ty Prothonotary in accordance with the requirements of the Mechanics' Lien Law of 1963 of the Commonwealth of Pennsylvania~ IN WITNESS WHEREOF, the undersi ngn~ed has caused this instrumem to be duly executed as ofthe ~,.~ ?~' dayof ~,~._ ,2002. ATTEST: CONTRACTOR: WESTRA CONSTRUCTION, INC. Name: i~:~, (~3~.~ Ia,., Title: ~roj,~- th~,,~,~ ~r' Sent by: WESTRA CONSTRUCTION MAIN 717 561 8099; Legal Description 06/27/02 1:56PM;~ #913;Page 1/1 ALL TMA~ CE~AIN piece or parcel of land situate in Upper Allen Township, County of Ct~herland and Ccxa~onwealth of Pennsylvan£a,'. bounded amd described as follows, to wit: BEING Lot iV6 of a plan of k2ts known as SUpper Allen Business Park' and c~ntainln~ 480,077 square feet cr I 1.02 acres. SCHEDULE B Demolition Concrete Steel Supplier Welding Drywall OH Doors Painting Insulation Sealing Dock Locks & Levelers Plumbing Electrical Swatara Contractors, Inc. Lome G. Seifert, Inc. Shetron Welding & Fabrication, Inc. Rabenold Fabricating & Welding Kelly Systems, Inc. Overhead Door Company LaPorte Painting, Inc. Hungeford Insulation Company Anderson Material Handling Company Spangler & Boyer Mechanical, Inc. Ellsworth Electric of PA, Inc.