HomeMy WebLinkAbout02-4383AARON RUB/N AND SONS, INC.,
Plaintiff- Owner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
WESTRA CONSTRUCTION, INC. MECHANICS' LIEN
Defendant-Contractor NO. (52 - ~,.?//5,2 ]'l,~&l~ ~
STIPULATION AGAINST LIENS
The undersigned contractor, materialman or other entity or person furnishing services,
matefials, known as Westra labor or
Constrnetion, Inc., a Pennsylvania corporation (the "Contractor") intending
to be legally bound, and in consideration of the sum
hand paid by Aaron Rubin and Sons, Inc. ("Owner,,;fthCeNE AND NO/100 DOLLARs ($1.00) to it in
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
°o~,a:aYte~°~,~._°,r2~t2~r};l~ndfi~er' '
~CoCn°_~aJt ,shed und.er the principal contract between Owner a
for extra work or ~'~ --, -. any supplemental contract -~_~. , . nd
-,~ ~m/lng to and work to bo ,~ ........ , ~ .'.v~'°a~ or written, or contract
contract. The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting or
...... u, ma[enai tarnished under said principal
claiming through or under it, hereby waives and relinquishes all fight 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, mater/almen, 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
an~ 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 author/ty, and the
undersigned for itself, and for them, does hereby remise, release and quit-c/aim 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 fight 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 yet been given by the Owner 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.
1N WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of
the /Z~ dayof ~,~,~(a~-~ ,2002.
WITNESS:
,$.~.~r~.nd ;ub~ecL~efore me this
CONTRACTOR:
WESTRA CONSTRUCTION, INC.
By ~~
Name:
Title:
Notarbd .Seal {
K,*ren L Fmnldin. No~i~ Pub~
Lower Paxton Twp,, Dauphin ~un~
My ~mmi~r~ May 2, ~
M~r,~~N~
LEGAL DESCRIPTION
LOT 5
UPPER ALLEN BUSINESS PARK
UPPER ALLEN TOWNSHIP - CUMBc-RLAND COUNTY - PENNSYLVANIA
BEGINNING at a concrete monument on the southeastern right-of-way line of
Independence AvenUe, said monument being located at the common corner of
Lot 6 and Lot 5; thence al0hg the southeastern fight-of-way line of Independence
A,~enue by a curve In a northeast direction; said curve having a radius of
feet and an arc length, of 344.84 feet to a point at the western most corner of Lot
4; thence along the southwest line Of Lot 4 South 48 degrees 40 minutes 07
seconds East a distance of 647.76 feet to a p~=int On the right-of-way line of a cul-
de-sac on Old Gettysburg Road; thence along the right-of-way line of said cut-de-
sac by a cun/e to the left in a southern direction, said curve having a radius of
50.00 feet and an arc length of 93.21 feet to a point on the northwestern right--f-
way line of the Pennsylvania Turnpike entrahce (Route 76);' thence along the
northwestern right-of-way line of the Pennsylvania Turnpike entrance (Route 76)
South 66 degrees 35 minutes 30 seconds West a distance of 143.57 feet to a
point; thende along the same South 41 degrees 19 minutes 53 seconds West a
distance of 38.67 fee{ to a point;' thenCe along the same South 66 degrees 35
minutes 30 seconds West a distance of 392.48 feet tQ a point at the eastern most
corner of Lot 6; thence along [he northeastern line of Lot 6 North 25 degrees 18
minutes 19 seconds West a distance of 582.86 feet to a concrete monument on
the southea.C, ern right-of-way llne Independence Avenue, said monument being
the place of BEGINNING.
Containing 303.011 square feet or 6.96 acres..,.
Being Lot 5 as shown on the t~nal subdivision plan of Upper Allen Business Park
and recorded at the Cumberland County Recorder of Deeds office in Plan Book
75 Page 97.