HomeMy WebLinkAbout07-3186ELBERT, L.P., IN THE COURT OF COMMON PLEAS OF
Owner CUMBERLAND COUNTY, PENNSYLVANIA
v.
NICKEL HOMES, L.L.C., No. 07- 3 (g~ MLD
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 t12
BEGINNING at a point on the southern right-of--way line of Westgate Drive, at the comer of Lot No. 122;
thence from said point of Beginning by the line of Lot No. 122, South eleven degrees, thirty minutes, zero
seconds East (S 11 ° 30' 00" E), a distance of two hundred sixty and forty-nine hundredths feet (260.49) to a
point on the line of Lot No. 100, Phase VI; thence by line of Lot No. 100 and by Open Space, South seventy-six
degrees, forty minutes, zero seconds West (S 76° 40' 00" ~, a distance of eighty-five and sixty-one hundredths
feet (85.61) to a point; thence continuing by the Open Space, North eleven degrees, thirty minutes, zero seconds
West (N 11 ° 30' 00" W), a distance of one hundred forty-five and fifty-six hundredths feet (145.56) to a point;
thence by Lot No. 124, North seven degrees, fifty minutes, twenty-eight seconds West (N 07° SO' 28" T~, a
distance of one hundred twenty feet (120.00) to a point on the southern right-of--way line of Westgate Drive;
thence by the southern right-of--way line of Westgate Drive the following two (2) courses: (1) by a curve to the
left, having a radius of one thousand twenty-five feet (R=1025.00 ), an arc length of sixty-five and forty-six
hundredths feet (A/L=65.46) to a point; (2) North seventy-eight degrees, thirty minutes, zero seconds East (N
78° 30' 00"E), a distance of twelve and fifty hundredths feet (12.50) to a point; the place of BEGINNING.
CONTAINING 22,032.87 sq. ft. or 0.5058 acres.
BEING Lot No. 123, Phase V of the Final Subdivision Plan of Westgate Development, Mt. Holly
Springs, Cumberland County, Pennsylvania.
Lot 124
BEGINNING at a point on the southern right-of--way line of Westgate Drive, at the corner of Lot No. 123;
thence from said point of Beginning by the line of Lot No. 123, South seven degrees, fifty minutes, twenty-
eight seconds East (S 07° 50' 28" E), a distance of one hundred twenty feet (120.00) to a point; thence by Open
Space, South eighty-two degrees, forty-two minutes, fifty-two seconds West (S 82° 42' S2" ~, a distance of
eighty and ninety hundredths feet (80.90) to a point; thence continuing by the Open Space, North seven degrees,
fourteen minutes, twenty-eight seconds West (N 07° 14' 28" {~, a distance of one hundred twenty feet (120.00
to a point on the southern right-of--way line of Westgate Drive; thence by the southern right-of- thi linhofo
Westgate Drive the following two (2) courses: (1) North eighty-two degrees, forty-five minutes, rty-
seconds East (N 82° 45' 32" E), a distance of sixty-eight and ninety-one hundredths feet (68.91), (2) by a curve
to the left, having a radius of one thousand twenty-five feet (R=1025.00 ), an arc length often and seventy-three
hundredths feet (A/L=10.73') to a point; the place of BEGINNING.
CONTAINING 9630.83 sq. ft. or 0.2211 acres.
BEING Lot No. 124, 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 2 S 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, Gener Partner
NICKEL HOMES, L.L.C.
gy. y` v
Walter F. Nickel, III, Member
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