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Home My WebLink About95-03382 s' ~^ . \ . . , :JJ r 15. .'3.1 8 ~ 1llLO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA CIVIL ACTION . LAW RICHARD D. POOLE. INC. and CARLISLE MARKETPLACE LIMITED PARTNERSHIP STIPULATION AGAINST LIENS WHEREAS, Richard D. Poole, Inc. of York, PelUlSylvania ("Contractor") has entered into an Agreement with Carlisle Marketplace Limited Pannership of West Hanford. COMecticut ("Owner") for the construction of improvements upon the Owner's propeny located at the intersection of Samuels Drive and South Garden Street in Carlisle. PelUlSylvania as it is more panicularly described in Schedule A attached hereto and made a pan hereof. WHEREAS, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon shall be subject to a lien for debts due by Owner to Contractor or by Contractor to any subcontractor for labor or material furnished in the said erection or construction. and the right of anyone to claim any such lien be waived hereby. NOW THIS AGREEMENT WITNESSETH: That Contractor, for an in consideration of the contract aforesaid and the considerations mentioned thereunder, as well as the funher consideration of One and 00/100 ($1.00) Dollar to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, does hereby covenant, promise and agree for Contractor and any and all subcontractors, materialmen, laborers and panies acting for, through or under Contractor, that no Mechanics' Lien or claim or other lien or claim of any kind whatsoever shall be tiled or maintained against the building, improvements, lot of ground or any pan thereof, or the cunilage or cunilages appunenant, thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. AND, in order to give the Owners full power and authority to, protect Owners. and the building, improvements and lot of ground against any and all claims tiled by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any attorney of any Coun of Common Pleas of the AND THIS AGREEMENT, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work done and material furnished under any supplemental contract, verbal or written, or contract for extra work or materials in the erection, construction and completion of the building as well as to any work and labor done and material furnished under the contract aforesaid. .' Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for Contractor and in the Contractor's name. mark satisfied of record at the cost and expense of the Contractor. or of any subcontractor or materialmen. any and all claims or claim, liens or lien. filed by or for the Contractor. or any subcontractor or materialmen. or in the name of anyone or more of them against the building. improvements. lot of ground or any pan thereof. and. for such act or acts, this shall be good and sufficient warrant and authority. and a reference to the Court, Term and Number 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 does hereby remise. release. and quitclaim all rights and all manner of errors defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. AND, 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 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. FURTIlER. 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 working under him. and that no authorization has yet been given by the Owner to the undersigned to commence work or purehase materials in connection with the Real Estate, C\ IN WITNESS WHEREOF. Contractor has executed this instrument this:unP day of _ " , .19~ CONTRACTOR: RICHARD D. POOLE. INC. by:a'~ .e. C!. A'.. -. .~. v./: ..-:7 I -I- ' I / witness: ~ ~ r: o/,;,,rMi-, C TED PARTNERSHIP by witness: 'P 11:- gJ b .D -l.. ..P o ~ 0(1 .J) ~ . 'If o D C -v 0- r> o r t- '"l ,~ ':l~ .... I -o!-; 't f"j.._, r ;:;" ", v'-.. -, :- _f' ;~.~.:i ~t. ::.: ;":",,,~F.. ' -~ "-,,',, ,... ~.: '--1 :;:j~ -<., <- ~ ~ .- '" --0 ~ - CoD <.r1 .3;95 AHOLD REAL ESTATE COMPANY ~ 717 755 1814 N), m 002 16135 Lawyers Title Insurance Corporation "ATlONAL "EAOOUARTERS I1IC"NO"'O. \IIRQIJ,j'A SCH50ULE A CC"l'd, .' ALL THAT CERTAIN tract of land situate along the eastern line of South Spring Garden Street, in the Sscond Ward of the Borough of Carlisle, County of Cumberland and Commonwealth of pennsylvania, bounded and described in accordance with a Final Subdivision Plan for Seven Gables Estatss and Ahold Real Estate Company, by J. Michasl Brill & Associates, Inc., Consulting Engineers, dated July 8, 1994, revised December 2, 1994 and recorded in Subdivision Plan Book 69, Page 124, as follows: BEGINNING at a rebar on the eastern line of South Spring Garden Street, (Township Route T-S16), at corner of lands now or tormerly of W. C. Wertz; thence by the eastern line of South Spring Gardsn Street, North ninetsen (19) degrees fifty-two (52) minutes sixteen (16) seconds East, a distance of 672.99 feet to a point on the southerly line of Samuels Drive; thanes by the said Samuels Drive, by a curve to the right having a radius of 25.00 feet, ftn arc length of 36.91 feet to a point; thence by the sams, South ssventy-five (75) degrees thirty-one (31) minutes f~rty-four (44) seconds East, 395.59 feet to a point; thence by a curve to ths right having a radius of 190 feet, an arc length of 97.13 feet to a point; thence by ths same, by a curve to the,left, having a radius of 310 feet, an arc length of 158.47 feet to a point; thence by the same, South seventy-five (75) degrees thirty-one (31) minutes forty-four (44) seconds East, a distance of 96.67 feet to a point at cornsr of Lot 3 on the hereinabove mentioned Plan of Lote; thence by the said Lot 3, South fourteen (14) degrees twenty-one (21) minutes thirty-one (31) seconds West, a distance of 566.72 feet to a point; thence by the same, South ssventy-three (73) degrees thirty-three (33) minutes forty-three (43) seconds West, a distance of 110.80 feet to a point on line of lands now or formerly of Jeffrey S. Smith; thence by lands now or formerly of Jeffery S. Smith and along lands now or formerly of W. C. Wertz, North seventy-five (75) degrees tifty-five (55) minutes forty (40) seconds West, a distance of 731.16 feet to a rebar (found), ~hs point ana place of BEGINNING. BEING Lot #2 as shown on said plan. TOGETHER WITH rights, easements, covenants, and restrictions contained in a Declaration of Covenants, Restrictions and Easements between Seven Gables Estates and Carlisle Marketplace Limited Partnership, dated March 24, 1995 and recorded March 24, 1995 in Misc. Book 493, Page 120. l~:': ~ SChldul1 A Pagl 2 No, 9107