HomeMy WebLinkAbout07-3185r
ELBERT, L.P., IN THE COURT OF COMMON PLEAS OF
Owner CUMBERLAND COUNTY, PENNSYLVANIA
v.
NICKEL HOMES, L.L.C., No. 07- 3185 MI-D
Contractor .
STIPULATION AGAINST LIENS
WHEREAS, ELBERT, L.P., a Pennsylvania Limited Partnership, of 7 Whispering Pines
Lane, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Owner, is about to
execute contemporaneously herewith, a contract, with NICKEL HOMES, L.L.C., a
Pennsylvania Limited Liability Company, of 384 Lake Meade Drive, East Berlin, Adams County,
Pennsylvaniafor the erection of a dwelling on each of the hereinafter described lots ancillary to
development in a complex known as Westgate Development, South Middleton Township,
Cumberland County, Pennsylvania, construction described as follows:
ALL THOSE CERTAIN tracts of land situate in the Township of South Middleton Township,
Cumberland County, Commonwealth of Pennsylvania known as Phases No. V, VI & VII of Westgate
Development prepared by Hartman & Associates, a copy of which is recorded in the Recorder of Deeds Office of
Cumberland County in Plan Book Volume 94, Page 59 on May 21, 2007, bounded and described as follows:
L t
ALL THAT CERTAIN tract of land situate in the Township of South Middleton Township and Mt.
Holly Springs Borough, Cumberland County, Commonwealth of Pennsylvania known as Phases No. V, VI &
VII of Westgate Development prepared by Hartman & Associates, a copy of which is recorded in the Recorder of
Deeds Office of Cumberland County in Plan Book Volume 94, Page 59 on May 21, 2007, bounded and
described as follows:
BEGINNING at a point on the southern right-of--way line of Westgate Drive, afifty-foot right-of--way at the
corner of Lot No. 119; thence from said point of Beginning by Lot No. 119, South eleven degrees, thirty
minutes, zero seconds East (S 11 ° 30' 00" E), a distance of two hundred fifty-two and eighty-one feet (252.81)
to a point on the. line of Lot No. 103 of Phase VI, Westgate; thence by Lot No. 103 and 102 respectively, South
seventy-six degrees, forty minutes, zero seconds West (S 76° 40' 00" ilk, a distance of eighty and four
hundredths feet (80.04) to a point; thence by Lot No. 121, North eleven degrees, thirty minutes, zero seconds
West (N 11 ° 30' 00" T~, a distance of two hundred fifty-five and thirty-seven feet (255.37) to a point on the
southem right-of--way line of Westgate Drive; thence along the southern right-of--way line of Westgate Drive,
North seventy-eight degrees, thirty minutes, zero seconds East (N 78° 30' 00" E), a distance of eighty feet
(80.00) to a point, the place of BEGINNING.
CONTAINING 20,326.93 sq ft or 0.4666 acres.
BEING Lot No. 120, Phase V of the Final Subdivision Plan of Westgate Development, Mt. Holly
Springs, Cumberland County, Pennsylvania.
Lot 2I
BEGINNING at a point on the southern right-of--way line of Westgate Drive, afifty-foot right-of--way at the
corner of Lot No. 120; thence from said point of Beginning by Lot No. 120, South eleven degrees, thirty
minutes, zero seconds East (S 11 ° 30' 00" E), a distance of two hundred fifty-five and thirty seven hundredths
feet (255.37) to a point on the line of Lot No. 102 of Phase VI, Westgate; thence by Lot No. 102 and 101
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respectively, South seventy-six degrees, forty minutes, zero seconds West (S 76° 40' 00" if'), a distance of eighty
and four hundredths feet (80.04') to a point; thence by Lot No. 122, North eleven degrees, thirty minutes, zero
seconds West (N 11 ° 30' 00" T~, a distance of two hundred fifty-seven and ninety-three hundredths feet (257.93
to a point on the southern right-of--way line of Westgate Drive; thence along the southern right-of--way line of
Westgate Drive, North seventy-eight degrees, thirty minutes, zero seconds East (N 78° 30' 00" E), a distance of
eighty feet (80.00) to a point, the place of BEGINNING.
CONTAINING 20,531.79 sq ft or 0.4713 acres.
BEING Lot No. 121, Phase V of the Final Subdivision Plan of Westgate Development, Mt. Holly
Springs, Cumberland County, Pennsylvania.
Lot 122
BEGINNING at a point on the southern right-of--way line of Westgate Drive, afifty-foot right-of--way at the
corner of Lot No. 121; thence from said point of Beginning by Lot No. 121, South eleven degrees, thirty
minutes, zero seconds East (S Il ° 30' 00" E), a distance of two hundred fiftyenceeb aLot No. 101 and 100 edths
feet (257.93) to a point on the line of Lot No. 101 of Phase VI, Westgate; y
respectively, South seventy-six degrees, forty minutes, zero seconds West (S 76° 40' 00" T~, a dmmutes~zerohty
and four hundredths feet (80.04) to a point; thence by Lot No. 123, North eleven degrees, thirty
seconds West (N 11 ° 30' 00" i~, a distance of two hundred sixty and forty-nine hundredths feet (260.49) to a
point on the southern right-of--way line of Westgate Drive; thence along the southern right-of--way line of Westgate
Drive, North seventy-eight degrees, thirty minutes, zero seconds East (N 78° 30' 00" E), a distance of eighty
feet (80.00) to a point, the place of BEGINNING.
CONTAINING 20,736.64 sq ft or 0.4760 acres.
BEING Lot No. 122, Phase V of the Final Subdivision Plan of Westgate Development, Mt. Holly
Springs, Cumberland County, Pennsylvania.
WHEREAS, each said dwelling to be constructed is a "residential building" as defined in
section 1201 of the Mechanics' Lien Law of 1963, as amended, 49 P.S. § 1201(14); and
WHEREAS, the total contract price for the construction of all said residential buildings is
less than $1,000,000.00
NOW, this ~ ~ day of May, 2007, at the time of and immediately before the
execution of the principal contract dated the same date, and before any authonty has been given
by the said Owner, to the said Contractor to commence work on the said building, or purchase
materials for the same in consideration of the making of the said contract with Owner, and the
further consideration of One Dollar and 00/100 ($1.00), to Contractor paid by Owner, it is agreed
that no lien shall be filed against the building by the contractor, or any sub-contractor, 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 for the erection of said building, the right to file such liens
being expressly waived.
It is intended that this Stipulation shall constitute a waiver of Mechanics' Liens by
Contractor and by any suppliers or subcontractors pursuant to sections 1401 and 1402 of the
Mechanics' Lien Law of 1963, as amended, 49 P.S. §§1401(a)(1) and 1402.
WITNESS, our hand and seals the day and year aforesaid.
SIGNED, SEALED AND DELIVERED
in the presence of
WITNESS:
ELBERT, L.P.
BY:
Debra L. Frey, General P ner
NICKEL HOMES, L.L.C.
BY:
Walter F. Nickel, III, Member
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