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Home My WebLink About01-2212 FX .. ... " ,The WF Partnership, a Pennsylvania limited partnership andlhe DANET Group Ltd., a Pennsylvania limited partnership, Owners IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Miller & Norford, Inc., a Pennsylvania Corporation Contractor NO. 0 I - ).:1../ :<. JiI LD STIPULATION AGAINST LIENS WHEREAS, The WF Partnership, a Pennsylvania limited partnership with offices at 282 Lowther Street, Suite 104, Lemoyne, Cumberland County, Pennsylvania, the fee simple title owner and The DANET Group Ltd., a Pennsylvania limited partnership with offices at 282 Lowther Street, Suite 104, Lemoyne, Cumberland County, Pennsylvania, the equitable title owner, (collectively the "Owners"), have executed or are about to execute contemporaneously herewith a contract with Miller & Norford, Inc., a Pennsylvania corporation, with offices at 700 Ayers Avenue, Lemoyne, Cumberland County, Pennsylvania (the "Contractor"), for construction of an approximate 16,400 square foot office/warehouse building with improvements (the "Improvements") on property situate at the intersection of Trindle Road and S1. John's Church Road, to be known as S1. John's Center, Hampden Township, Cumberland County, Pennsylvania, more particularly described on Exhibit A attached hereto, incorporated herein by reference and made a part hereof (the "Premises"). NOW, April ,,, , 2001 , before any authority has been given by the Owners to the Contractor to commence work on the Improvements, or to purchase materials for the same, or to enter into any contracts with any subcontractors or materialmen, or to authorize any purchases by or through any subcontractors or materialmen, in consideration of the making of said contract with the Owners and the "\ /" ,~,' '!1''':<" ,.. ,,~ " ,.",-=)1, -J 0"" ','--,', .,y',- " , '-~- 1,---'-. ,-p-, , , I , ~ " " ., .. .. . further consideration of One ($1.00) Dollar, to Contractor paid by Owners, and with the intent of all parties to be legally bound hereby, it is agreed that no lien shall be filed against the Improvements, the Premises, or any part thereof, by the Contractor or any subcontractor, or by any of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased, for the Improvements to the Premises (including hereafter changes made thereto), the right to file liens being expressly waived. It is the full intent of the Contractor, for itself and for any subcontractors or materialmen claiming for themselves, or by, through or under the contract or the Contractor, that the right to file a mechanic's lien, under the provisions of law and/or of Acts of Assembly in such cases made and provided, for work done or materials furnished in and about the construction of the Improvements to the Premises is hereby waived. IN WITNESS WHEREOF, Owners and Contractor have executed this Stipulation Against Liens the day and year first above written. WITNESS: OWNER: '~J' ~~ ~ The WF Partnership, a Pennsylvania limited partnership , './ }/ , /;, By: ///' General Partner The DANET Group Ltd., a Pennsylvania limited partnership By: ~~'O General Partner :L~ ", 0 -.,. - . .: i~..,)':'"'~' ""-~':-""'."'''' - H".'I""_".~.?";' -.." ",;''''. . "" '. '1" ", ,..r.-!." _.",K.'~ _'_',,~.' "r-''' ,,' ,.' -' .. . A TTr~T: W tn/ess~ ~adtt~ ("'1 .L) ~~_.......t~ry (SEAL) CONTRACTOR: Miller & Norford, Inc., a Pennsylvania corporation F:\atw\DOCUMENTS\The WF Partnership Stipulation Against Liens.doc ~'<' ". -,~ ~ -7,,~,:,,~_~_,,_,e,,<'-,;-;' - "'-~~:o,. ,--_,,-, '1',',',':' - ,. .t.. "5''''-''--'''~_'_'';_l^' 1"_""'" "-'I' ')>_ . 'i',.,",",~,,_ '. ,'~ "'~""" ' . _ "'~~" r C..Gc:lTf0004 ".., ~: WIX WENGER WEIDNER- . lip.. 1 SOl 01: 37p 7172344224; 04/16/01 2:33PM;Jedax #663;page 2/2 ALPHA Consulting En~. 7177638600 p.2 ST. JOHN'S OFFICE CENTER LEGAL DESCRIPTION ALL TIJA T CERTAIN tract ofland shown as the unnumbered lot 011 Subdivision Plan fur St. Johns Center prepared by Alpha Cons1Jl.ting Engineel'S, Inc. dilted April 20, 2000, last revised October 30,2000, recorded April 5, 2001 in Cumberland County Plan Book 83, Page 12 as situate in Hampden Township, Cumberland ColUlty, pennsylvania; more particularly described as follows, to wit: BEGINNING at a pow on the eastl:l'ly legal right of way line orst. Johns Church Road, S.R. 2029, (60 toot wide legal right of way) at the dividlng line between lands descn'bed herein and lands now oribrmerly ofTionette L. Hess (Deed Book G; Volume 34, Page 123); thence along said dividing line North 67 degrees 16 minutes 24 seconds East, distance of 10.41 feet to II point on me easterly dedicated right-of-way line for St_ Jobus Church Road, S.R. 2029; theDee along the same North 67 degrees 16 minutes 24 seconds East, a distance of 547.91feet to a point at lands now or formerly of Roadway Express, Inc. (Deed Book 1, Volume 3S,Page 273); thence along lands now or formerly of Roadway Express, Inc. North 38 degrees 48 minutes 00 seconds West, a distance of 485.41 feet to II point on the legal right of way line ofRmnp A to State Road 581 olfTriDdle Roarl S.R. 641; thence along said legal right of way line, along a curve, curving to the right with a radius of 1,681.28 feet, an lIl'C distance of 24.53 fret; thence along the same South 78 degrees 36 minutes 12 seconds West a distanCe of 140.00 feet to a point; thence along the same, along a curve to the left with II 1,540.60 foot radius, aDd arc distance of51.08 iCet to a point, lit the dividing line between Lot #1 011 the aforel1lelltioned plan and Jand.~ described herein; thence along said dividing line the following six (6) courses and distance: 1.) South 18 degrees 35 minutes 14 seconds East, II disumce of 36.74 feet; thence, 2.) South 48 degrees 54 minutes 46 seconds West, II distance of 8.94 feet; t1J.CDCe, 3.) South 18 degrees 35 minutes 14 seconds East, a distance of 109.71 teet to II point; thence, 4.) South 52 degrees 20 minutes 26 seconds West, a distance of 187.18 feet to a point; thence, 5.) South 37 degrees 39 minutes 34 seconds East, a distance of 12.84 feet to a point; thence, 6.) South 52 degrees 20 minutes 26 seconds WCllt., a distance of 98.09 feet to a pow on the ClISterly dedicll1cd right-oC.wIIY of St. Johns Church Road, S.R. 2029, Thence. along said right-of-way line South 38 degrees 52 minutes 14 seconds East a distance of 284.25 feet to the point of BEGINNING. Said lll'Cll subject to easements of records and a too foot dedication of additional right-of-way along St Jahns Chutch Road. E '0-11/3 ! I II (PIlCi'" /) "T1"f" 'd'_' '-_' _ .'-1,""'" n r'", I ,!' ~ ." I _J ~- w__ .. "Jl,. _. ,,~C'l" Wf~i':,':'::! EXHIBIT A (Can't) BEING the remainder of Tract 2 and all of Tracll, together known as Lot 2 on Plan Book 83, Page 12. BEING a pordon of the following first tax parcel number and all of the second tax parcel number: TAX PARCEL NO. 10-22-0529-016, which has a mailing address of 4230 Trindle Road. land approximately 5 acres (contains McDonalds Restaurant) ASSESSED VALUE: Land $35,250; Improvements $9,000 = Total $44,250 TAX PARCEL NO. 1O-22-0529-017A, which is shown as land approximately 2 acres on SI. Johns Church Road ASSESSED VALUE: Land $8,050; Improvements $0 = Total $8,050 e, ""_'- _"_ 'f,-""" . 1, 1 ,'-, 1 "'""'~I~'f'" ~~~ I. " ""-e'~r ~"~,"'1JIl1ll!lJ14!l)1B'fit_ 4.d..1811lJ/.~!l>i1~~ ~_o, ~' ~> 70 ~ 1f c..Y g ~ S -0 9- rc -" c.- ? rtl 7V - ."~,. -'0"' ~ ~ :t --0 -...J " -..J o ::::r C) s::.~ -.; ::..-.'~ 11' - ;;:!L <- C, ~:( l~:i~! :J ,- ., ..--- r\~,~ "-. --jt .01 _~s .. t:::--~, c.-; ~'\J --.::, c- ~ 1"' ~ .~~\i!\W\1-'~~"1f~i<"f>,i\;~~,~,8<""".'P;"'''-!~'''''-'-tfi'lf.#~,*,~y,~~il."4\*ffW~W?~j'",1#":'ifjtjfi:l~r'!;Jff1'ffl~~.:ffi""!i""~rJi'q