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Home My WebLink About01-06119 j"'(~''''''\>ih1l'-''''~~' '_0 - ,. RSJ HOLDINGS, lLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Owner v. NO. ()J - (;; /lCJ tl1W ,2001 R. L. LIVINGSTON EXCAVATION & PAVING, INC., Contractor FILED: October 2001 ~ [1 STIPULATION AGAINST LIENS ~i It! ~! !i! Ii ~I r.1 "I " ~1 ~ W " r,1 [I f,1 'I I. 11 \1 Ei' ~'I (.' f~j ~: ~ ~j r:i r! ~; WHEREAS, RSJ HOLDINGS, LLC, a Pennsylvania limited liability company, of Mechanicsburg, Cumberland County, Pennsylvania (the "Owner"), and R. L. LIVING- STON EXCAVATION & PAVING, INC., a Pennsylvania business corporation, with its principal place of business located at 1 Blair Mountain Road, Dillsburg, York County, Pennsylvania (the "Contractor"), have entered or are about to enter into a construction . contract for the excavation construction services and construction of other improve- ments to the real property known and numbered as 1450 Trindle Road, Carlisle, South Middleton Township, Cumberland County, Pennsylvania (the "Property"), which is more particularly bounded and described as set forth on Exhibit "A", appended hereto and made a part hereof. NOW, THEREFORE, this '2,'2.t!!f. day of October, 2001, before any authority has been given by the Owner, RSJ HOLDINGS, LLC, to the Contractor, R. L. LIVING- STON EXCAVATION & PAVING, INC., to commence work on said facilities, or pur- chase materials for the same, in consideration of the making of the above-described contract with the Contractor, and in further consideration of One Dollar ($1) paid to the Contractor by the Owner, the receipt whereof is hereby acknowledged, it is agreed that no liens or claims shall be filed or maintained against the Owner's facilities and the Property above-described by the Contractor, or any subcontractor, or by any of the r:; b ~; ~ ~! N I n M I" i\; Qi ['J f r,_ I" , ~ ~ t'; [I ~:1 ~ rl ~: i !' ~' i~ a ~ij.~""":1-" ~- ~ '-". ',- ,,< ,_, _', _'~'''_~'''' ,I_'="~"'_,_y:, .'!)'o_'(.-_-__"i'"';'_",_,1 "',~ ,_,,,r,,',I'~_"''' ,l~,,"',,' _ '''_~ '_,."E'__ """,,,_ , ..,_" -_ " ' ". '''-''-'-'~".- "~ -~~"- ~- ~~- ~" ~~ -'." materialmen or workmen or any other person acting through or under them, for or on account of any labor, or materials purchased, or extra labor or materials purchased for, towards, in or about the erection, construction and improvement of said facilities, under said contract or otherwise, the right to have, file and maintain such liens or claims against the facilities and Property above-described being hereby expressly waived by the Contractor for itself, its subcontractors, all materialmen or workmen and others acting through or under them. IN WITNESS WHEREOF, each of the parties, or by their duly authorized representatives, have hereunto executed this Stipulation Against Liens this 21. &day of October, 2001. WITNESS: RSJ HOLDINGS, LLC --bfVloJ" /,Ii'r}. /' (,U, By: ~ , .,P'.u:.r, o~ Steven J.dRose, President "Owner" ATTEST: R. L. LIVINGSTON EXCAVATION & PAVING, INC. L, ,;lt~ 1Assistant) Secretary B&7/J'~ ~ R. L. Livingston, President ,. "Contractor" -2- ([,~,-, ,.', ," 'J.' -," -; ";,:' "'?!<: ~;"7;"->-'-;""'-':~y_F">- _"~ ",". 't',",,,,,._ -,,'-t.,,-- "r~ .''"'' .,J',,,",", ,+."_ "., , - - - . ~~" I'" ~ - " ""_c '"_"_~, ""..."""",,,,,,""''',",, ,.. . COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND On this, the 2l-et/ay of October, 2001, before me, the undersigned officer, personally appeared STEVEN J. ROSE, who acknowledged himself to be President of RSJ HOLDINGS, LLC, a Pennsylvania limited liability company, and that he as such officer, being duly authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the company by himself as such officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. f: i, ./'"-l1~lJQ.lt 1. Ulr L ~otary Public .'! 'J ~I fi Notarial Seal . Tamah L. Wicke, Notary Public South Middleton Twp., Cumberland County My Commission ExplTe5 Sept. 19, 2002 Member, Pennsylvania Association of Notaries q " jl f! v ~I ~ COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND On this, the;l {-('day of October, 2001, before me, the undersigned officer, personally appeared R. L. LIVINGSTON, who acknowledged himself to be President of R. L. LIVINGSTON EXCAVATION & PAVING, INC., and that he, as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as such officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. /~lllMn~ / l,{L1L N'6tary Public Notarial Seal , Tamah L. Wicke, Notary Public - South Middleton Twp., Cumberland County My Commission Expires Sept. 19, 2002 ' Member, Pennsvlvanla ASSOcIatIon at Notanes -3- h,~, ,- >" "'-:"\'~'-'-'-'''"'''?-'' __'''''-' :'f;':,,:::'':';,~-_~,~:'''~'~1~1' . - --~'- '-'- ,'-1 "c. ~.__-" _ -, '_' -:^ - ~-" '- ~i'" _d ,_,",_'_'.., _'_'d -'~'~'~;""- ~ ., - ,-~- ~""'ffr~nij""'+">' .,--- .~ ~<~~~ EXHI~IT "A" ALL thosc two certain tracts of land, togethcr with improvcments thereon erecled, silnate in Soulll Middleton Township, Cumberland County, Pennsylvania, bounded and descrihed as tollows: TRACT NO.1 : BEG[NNING at a point in the centerline ofTrindle Road L.R. 305 P A. 641 at the comer of land now or fOlmerly of John H. Weary; thence by the centerline of said Road South 81 degrees [4 minutes IS seconds East [96.64 feet to a point; thence by the dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned Subdivision Plan South 08 degrees 45 minutes 42 seconds Wesl275.00 feet to a point; thence by the same South Sl degrees 14 minutes 18 seconds East [25.00 feet to a point; thence by the dividing line between Lots Nos. I and 3 on said Plan South 81 degrees 14 minutes 18 seconds East 125.00 feet to a point; thence by the dividing line between Lots Nos. 1 and 5 on said Plan South OS degrees 45 minutes 42 seconds West 244.77 feet to a point; thence by land now or formerly of Ralph C. Otto, North 81 degrees 36 minutes 50 seconds West, 333.50 feet to an existing iron pin; thence by land now or formerly of John H. Weary North 03 degrees 28 minutes 06 seconds West 534.0S feet to a point, the place of BEGINNING. CONTAINING a total area of3.0873 acres including the portion of said premises under and subject to the dedicated right-of-way for Trindle Road L.R. 305 P A. 641 and being Lot No. I on a Final Minor Subdivision Plan for Richard Curtis Company, recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 4S, Page 118. TRACT NO.2: BEGINNING at a point in the centerline ofTrindle Road L.R. 305 PA. 641 on the dividing line between Lots Nos. I and 2 on the above mentioned Subdivision Plan, Lot No. I being Tract No. I oPhis Deed; thence by the centerline of said Road South Sl degrees 14 minutes IS seconds East 125.00 feet to a point; thence by the dividing line between Lots Nos. 2 and 3 on said Plan South OS degrees 45 minutes 42 seconds West 275.00 feet to a point; thence by the dividing line between Lots Nos. 1 and 2 on said Plan North SI degrees 14 minutes 18 seconds West 125.00 feet to a point; thence by the same North OS degrees 45 minutes 42 seconds East 275.00 feet to a point, the place of BEGINNING. CONTAINING a total lot area of 34,375 square feet including the portion of said premises under and subject to the dedicated right-of-way for Trindle Road L.R. 305 PA. 641 and being Lot NO.2 on the above mentioned Subdivision Plan. UNDER AND SUBJECT to valid building, zoning, deed and plan restrictions, rights of the public and others in the roads, streets and alleyways adjoining the described premises and casements of record and apparent. BEiNG THE SAME PREMISES which Burton E. Albert and Michelle A. Albert, husband and wife, by their Deed, dated 24 May 20001, and recorded in the Office of the Recorder of Deeds of CUJJlberland County in Deed Book 245, Page 273, granted and conveyed unto RSJ Holdings, LLC. '-">-j"'''~'"''''-';:'''='''''''''''''~-~"'"-r-'~ .,~ -- . -" ~~~-, , 'I I ~ ~.~.~. ~~"-"'" ~ ~ ~. 9: -- ~ ....-. ~ oCl ~ -- -- \9 --t: 0> i ') ~ '" " '~,~- ''''-A:;;-";';;'2-'''''''W1::r--'''<,:\',,, ;,~.. . ~ !W~;;l, _ ~_~&a'-?'[.. -~~ l~,J\l~~!i"'fe',." =jJ1 '~H~.IS..jP",'i:CO"''!-!'~'' .i!l!!'tW'~~I:!>.\' _ . _ _ . ~-r_,l1J,"."I~ ;;F'''i-', .. 'gl~'i~'flJJ~~_~$_~';' -"-cf'~F'~~t"1"';;;'W~n!t~~Ifffl.~_..". . '. 'I . 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