The URL can be used to link to this page

Home My WebLink About00-00386 -, ---,-- " -, ',<,-~,,,,.~--/, .i---._~'_,,- , ~-.',~" "~ ,~ ___ c.',"'- -- ,_ ~c. --,::,,-J~,",-";"-''''''',,<-,", ,,-'--- ~-( , STIPULATION AGAINST LIENS WESLEY MEWS LIMITED PARTNERSHIP, Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 02060- dPt,. rnL)j y~ VANGUARD HOMES, INC., Contractor ~ THIS STIPULATION is made this20f'lday of J.,.. 't tt~r ,2000. WHEREAS, WESLEY MEWS LIMITED PARTNERSHIP of Jenkintown, Pennsylvania ("Owner") and VANGUARD HOMES, INC. of Jenkintown, Pennsylvania ("Contractor") have executed on October 8, 1999 two contracts designated "Abbreviated Form of Agreement Between Owner and Contractor" (one for site improvements; one for construction) between Owner and Contractor, together with all amendments, supplements, extensions, substitutions and replacements thereof (collectively, the "Contract") by which Contractor agrees to provide general construction services to Owner for the following: A. Site improvements on the real estate known as 216 Wesley Drive, Lower Allen Township, Cumberland County, PA as more fully described in the legal description attached hereto as Exhibit A and incorporated by reference (the "Real Estate") consisting of installation of streets, curbing, storm sewer, and other improvements required by any municipal authority, and as provided in the subdivision/land development plan for the subject real estate; and B. The construction of improvements on the real estate known as 216 Wesley Drive, Lower Allen Township, Cumberland County, PA as more fully described in the legal description attached hereto as Exhibit A and incorporated by reference (the "Real Estate") consisting of the construction of 17 town home units and all related improvements as provided in the subdivision/land development plan forthe subject real estate. Intending to be legally bound hereby, the parties hereto agree and acknowledge that, at the time of and immediately before the execution of the Contract, and before any authority has been given by the said Owner to the said Contractor to commence work on the said site improvements or building construction, or purchase materials for the same, in consideration of the making of the Contract with Owner and the further consideration, receipt of which is hereby acknowledged, provided to Contractor by Owner, Contractor agrees on its own behalf and on behalf of all subcontractors or others who provide work or materials under the Contract, that no mechanic's lien or other lien shall be filed against the Real Estate or any improvement, structure or building thereon, nor on any part or . ".' , -,-.'- - - "",--' ",-,,-, ,[,~-,,:-,--", ":-,-,:_~_<,:<",Ic "'__,;;- "__k'_ .-'-', ;':;:ii portion of any of the foregoing by the Contractor, or any subcontractor, nor by any of the material men or workmen or any other person for any labor or materials purchased, or extra labor or materials purchased in furtherance of the site improvements or in the construction of the buildings under the Contract; Contractor's right to file such liens is hereby expressly waived, on its own behalf and on behalf of all subcontractors, material men, laborers and all others who supply work or materials to the Real Estate. In order to give the Owner full power and authority to protect himself, the lot or lots of ground, and the building or buildings, and the curtilage or curtilage appurtenant thereto, against any and all liens or claims filed by the Contractor or anyone acting under or through him or if in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any court of Common Pleas of the Commonwealth of Pennsylvania, to appear as Attorney for him, them, it, or any of them, in any such Court and in his or their name or names, mark satisfied of record at the cost and expense of the Contractor or of any Subcontractor or Materialman, any and all claim or claims, lien or liens (in the name of the Contractor or any Subcontractor or anyone else acting under or through him) any pleading or instrument, or any amendment to the pleading or instrument previously filed by him or them, to incorporate therein, as part of the record the waiver contained in this instrument, and for such act or acts this instrument shall be good and sufficient warrant and authority, and a reference to the Court, Term, and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for himself and for them does hereby remise, release, and quitclaim all rights and all manner of errors, defects, and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument, or amendment, or in any way concerning them. This Stipulation is intended to be recorded in the Office of the Prothonotary in and for Cumberland County, Pennsylvania. WITNESS, our hands and seals the day and year aforesaid. OWNER: By: By: WESLEY MEWS LIMITED PARTNERSHIP ELG, INC., its General Partner ~~, Title: "F'J"'."".'.'r->\=-,...,' CONTRACTOR: By: VANGUA~D~OMES, INC. f_~\-- . Title: \l\u. '\>............., ~ . "'"'""' ,,--~--,,~ ~,,-,-~;~"-' -''''--''.'.~--- , -- -' ,-~' < .-'d'r._'_.0'-' ,'.:;;,q~_;",~:;:'. "~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF bq~S On this, the ~b day of Jaru.uu-<1': , 2000, before me, the undersigned officer, a notary public in and for said county and state, personally appeared Edwin L. Glasgow, known to me (or satisfactorily proven), who acknowledged himself to be a duly authorized officer of ELG, INC., , a Pennsylvania business corporation and General Partner of Wesley Mews Limited Partnership, and that he as such officers being duly authorized to do so, executed the foregoing Stipulation Against Liens for the purposes contained therein by signing the name of the corporation as such officer. ss. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. NOTARIAL SEAL Mary J. Foster, Notary Public Derry Twp.. Dauphin County My Commission Expires Sept. 22, 2001 N~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF 6<<1<& ss. On this, the dO day of cJO/y..W}.Y~ ' 2000, before me, the undersigned officer, a notary public in and for said unty and state, personally appeared ~1U1~ S. Wi$eMlt.n ,known to me (or satisfactorily proven), who acknowledged himself to be a duly authorized officer of VANGUARD HOMES, INC., a Pennsylvania business corporation, and that he as such officer being duly authorized to do so, executed the foregoing Stipulation Against Liens for the purposes contained therein by signing the name of the corporation by himself as such officer. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. NOTARIAL SEAL Mary J. Foster. Notary Public Derry Twp.. Dauphin County My Commission Expires Sept. 22, 200t ~ ~-', -"", "m":~_' =' ,~~-~ ~~",,-<',_ ~,' : ,,-.,',,- ,-",:",;- ~;r~ --..:.. -.'- -~- ~ ,;-;\ -' LEGAL DESCRIPTION ALL THAT CERTAIN tract of land together with the improvements thereon erected, situated in the Township of Lower Allen, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western right-of-way line of Wesley Drive, S.R.2021/L.R. 21069, said point being located approximately 230 feet southeast of the centerline intersection of Cobblestone Drive and Wesley Drive. Thence along the lands of Wesley Affiliated Services, Inc. South 45 08' 17" West a distance of 908.89 feet to an iron pipe. Thence along the lands now or formerly of Walter W. Wilt and Ronald L. Feltz North 46 38' 56" West a distance of 477.67 feet to a point. Thence along lands of Winsor Park North 45 57' 17" East a distance of 278.54 feet to a point. Thence along other lands of Wesley Mews Limited Partnership South 46 15' 36" East a distance of 458.07 feet to a post. Thence continuing along other lands of Wesley Mews Limited Partnership North 45 19' 30" East a distance of 334.18 feet to an iron pipe. Thence along lands now or formerly of David O. Watkins North 4519' 30" East a distance of 300.87 feet to a point on the western right-of-way line of Wesley Drive, S.R. 2021/L.R. 21069. Thence along said right-of-way line South 40 47' 30" East a distance of 13.5 feet to a point, the place of BEGINNING. Containing 3.23 acres, more or less. ...() o ~ ~ 0" "? ji. R t- "'"'<l ...... p 8 ~~ -..l ~fr 5!:J Wi ~ 0- ',j '- Cy C) C) C C ---n -0 s: c_ c'[j ~,'::: ~..:::~ G'[-;': Z:1J -~ c" -;;>..... rv "-,r',-, <-L \~\';~; ~~L - r.c C) "" ):;c- :> () "--n ~6 9 ,--7 <":' J:> c': (SC0 .~-i ~ U'I 'v :'P. ...J '<