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HomeMy WebLinkAbout07-2157IN THE COURT OF COMMON PLEAS Cumberland County, Pennsylvania Owner-Plaintiff Pennsylvania State Association Township Supervisors 07- a ~ 57 M LD 4855 Woodland Drive Enola, PA 17025 v. Contractor-Defendant Pyramid Construction Services, Inc. 4425 Valley Road-Suite 100 Enola, PA 17025 STIPULATION AGAINST LIENS The undersigned contractor, known as Pyramid Construction Services, Inc., a Pennsylvania corporation (the "Contractor") intending to be legally bound, and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) to it in hand paid by Pennsylvania State Association Township Supervisors, a Pennsylvania corporation, ("Owner") the receipt whereof is hereby acknowledged, 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 account of any work to be done or materials furnished under the principal contract between Owner and Contractor, dated August 24, 2006 or under any supplemental contract, verbal or written, or contract for extra work or materials relating to and work to be done or material furnished under said principal contract. The undersigned hereby waives and relinquishes all right to file a mechanics' lien, claim or notice of intention to file any lien or claim against the Real Estate. The undersigned 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 any 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 authority, and the undersigned for itself, and for them, does hereby remise, release and quit-claim 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 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. 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 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. IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of the 10~` day of April, 2007. ATTEST: CONTRACTOR: By Name: Kerwin L. Stetler Title: Chief Financial Officer (Corporate Seal) SCHEDULE A (Attach Legal Description) ~~' !~q° SPBCIAL WARRANTY DEED PORTION OF PARCEL NO. 10-14-0840-041 TSIS DBBD, MADE the ~J ~ of January in the year two thousand one. BETWEBN WOODLAND OP, LP, a Pennsylvania limited partnership, Grantor - AND - PgrTNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, a Pennsylvania unincorporated association, Grantee WITNBSSBTH, that in consideration of Five Hundred Sight Thousand Two Hundred Forty and XX/100 Dollars ($508,240.00), in hand paid, the receipt whereof is hereby acknowledged, the said grantor does hereby grant and convey to the said grantee, its successors and assigns, ALL THAT CSRTAIN parcel of land located in the Township of Hampden, County of Cumberland, Commonwealth of Pennsylvania being shown and designated as lot No. 2 on a plan entitled "Subdivision Plan For Woodland Drive Subdivision", by Dawood Engineering, Inc., plan dated October 19, 2000, recorded in Cumberland County Plan Book 82, Page 69; as more fully described as follows: BBGINNIl7G at an existing rebar found at the southern right-of-way line of woodland Drive (50' wide) where said right-of-way line intersects with the southern line of lands now or formerly of Miles M & Sdith V. Meck as described in Deed Book 14-R, Page 192; Thence along said lands, South 18 degrees 37 minutes 09 seconds Bast a distance of 319.37 feet to an existing rebar found; Thence continuing along the same and also along lands now or formerly of the Commonwealth of Pennsylvania Department of Highways (I-81 right-of-way), South 28 degrees 19 minutes 09 seconds Bast a distance of 170.80 feet to an existing rebar; Thence continuing along said lands now or formerly of Commonwealth of Pennsylvania Department of Highways, South 06 degrees 22 minutes 31 seconds West a distance of 35.94 feet to a 5/8" rebar to be set; Thence leaving said lands and passing along lands now or formerly of the Cumberland valley School District as described in Deed Book 29-P, Page 784, and along lands now or formerly of Don B. Putt et. Ux., as described in Deed Book 132, Page 272, South 84 degrees 09 minutes 21 seconds West a distance of 660.35 feet to a 5/8" rebar to be set; Thence along lands now or formerly of Tina M. Bowers as Described in Deed Book 202 Page 153, North 10 degrees 28 minutes 19 seconds west a distance of 205.00 feet to a 5/8" rebar set at line of Lot 1A; Thence through lands now or formerly of Woodland OP, LP, the following four (4) courses and distances: 1. North 84 degrees 34 minutes 49 seconds Sast a distance of 30.12 feet to a concrete monument to be set; 2. North 10 degrees 28 minutes 19 seconds West a distance of 120.69 feet to a 5/8" rebar to be set at line of Lot 1; 3. North 85 degrees 25 minutes 07 seconds Bast a distance of 185.86 feet to a 5/8" rebar to be set; 4. North 07 degree6 37 minutes 14 seconds East a distance of 211.83 feet to a concrete monument to be set at the southern right-of-way line of Woodland Drive; Thence along said right-of-way line, the following three(3) courses and distances: i. North 85 degrees 25 minutes 06 seconds East a distance of 184.47 feet to an existing rebar; 2. South 77 degrees 52 :minutes 59 seconds East a distance of 52.20 feat to an existing rebar; 3. North 85 degrees 25 minutes 06 seconds. East. a distance of 79:00 feet to an existing rebar at the line of lands now or formerly of Miles M. & Edith V. Meck; the PLACE OF BBGINtiIDTG. CONTAINING: 6.353 acres more or less. - Subject to a 20' Sanitary Sewer Basement,- a 20' 'Storm Drainage Easement (as shown on the above mentioned plan) and all covenants and agreements of record. HSING a portion of those premises granted and conveyed unto Woodland OP, LP [a Pennsylvania limited partnership] by deed dated July il, 2000, and recorded July 14, 2000, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 225, Page 315. ~oo~ 238 ru: i3~ DER p,ND SUBJECT to easements, covenants, reservations, restrictions and right-of-ways of record. AND the Said grantor will SPECIALLY WARRANT AND FOREVER DEFEND the property hereby conveyed. IN WITNESS WHEREOF, the grantor has hereunto set its hand and seal the day and year first above written. {e7OpDLAND OP, LP ~.P B ny awood ` General Partner CERTIFICATE OF RESIDENC i hereby certify that the precise res' ence of the grantee 1 PA 17011 herein is as follows: 3001 Gettysburg Roa ! Camp % I ~ / ~ , COMMONWEALTH OF PENNSYLVANIA COUN'T'Y OF DAUPHIN/.~',°L ~ da of January, 2001, before me, the On this, the ~ Y undersigned officer, personally appeared Bony R. Dawood, who acknowledged himself to be the general partner of WOODLAND OP, LP, a Pennsylvania limited partnership, and that he as such general partner, being authorizedosesdthereinXCOntainedehy foregoing instrument for the purp himself as general signing the name of the limited partnership by partner. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My__commi•ssion expires: o ary pub i r::~~::n;ua~a ~'rn:a ~.a.2roi f~~~_.~...- p'Oi~IMH 3r '. j '' Utta1.l.Wflfl.to.' ~~fte,~gR R I sour ,~~g eacr 1~ COlMlONWEALTH OF PENNSYLVANIA COUNTY OF CQMBERLAND RBCORDSD in the Office of the Recorder of Deeds, in and for said County, in Record Baok _, Page)~_. WITNESS my hand and official seal this ~ day of January, 2001. ,. ~~~ ~ rrc~rd o D s ~, f. .t''~:..- Cu~be-land Covntr Recorder of Oeeds Instrurent Filirr~ keteirtt 291732 _ Instep 2001-001690 1/1912001 16:13:35 ~ r, ,~ Rewrks: YIX IIEHGER 8 ME10lt:R . ~-~ ~- PEIAIA STATE A550C OF TYP SIJP -: i,.i ~ r ` ,, - U E DEED 11.50 ~ DEED - YRIT .50 ~ DEE6 - kTT STATE 50!?i.40 • --+ QIMBERIAtR VALLEY 2541.20 "~ :_i ~ ~ ; ~ NAl~DEN TOYNSTIIP 2541.20 ~~ -~ DEED - A/H ii ~0 ' ~ - ~--~ CO IMPADVENEHT FMD I.UO =~ -° REC. II4'RVNT TUHD 1.Ci.~ CheckY 9509 f5,107.a0 Chetkq 9512 f.~0 Checkq 9513 i5,OS2.40 Total Reteived......, f1~7,1~J.30 DooX ~~~ racE if3 r '-1 A~ O '~ O O D '3 W f--- . ~ -n W, - r» -a ,: ~ -~.i _ - _'} .. _{ --~