HomeMy WebLinkAbout07-3188,.
ELBERT, L.P., IN THE COURT OF COMMON PLEAS OF
Owner CUMBERLAND COUNTY, PENNSYLVANIA
v. :
NICKEL HOMES, L.L.C., No. 07- 3l $$ 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 tb
execute contemporaneously herewith, a contract, with NICKEL HOMFS, 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 44, Page 59 on May 21, 2007, bounded and described as follows:
Lot 128
BEGINNING at a point on the northern right-of--way line of Westgate Drive, said point being referenced, South
seventy-eight degrees, thirty minutes, zero seconds West (S 78° 30' 00" W}, a distance of one hundred six and
seventy hundredths feet (106.70') from the terminus of a curve connecting said right-of--way line with the western
right-of--way line of West Oak Circle; thence from said point of Beginning, by the northern right-of--way line of
Westgate Drive, South seventy-eight degrees, thirty minutes, zero seconds West (S 78° 30' 00" T~, a distance of
eighty feet (80.00) to a point; thence by Lot No. 127, North eleven degrees, thirty minutes, zero seconds West
(N 11 ° 30' 00" i3~, a distance of one hundred twenty feet (120.00) to a point; thence by Lot No. 130 of Phase
VII, North seventy-eight degrees, thirty minutes, zero seconds East (N 78° 30' 00" E), a distance of eighty feet
(80.00) to a point; thence by Lot No. 129, South eleven degrees thirty minutes, zero seconds East (S II ° 30'
00" E), a distance of one hundred twenty feet (120.00) to a point; the place of BEGINNING.
CONTAINING 9600 sq ft or 0.2204 acres.
BEING Lot No. 128, Phase V of the Final Subdivision Plan of Westgate Development, Mt. Holly Springs,
Cumberland County, Pennsylvania.
of 129
BEGINNING at a point on the northern right-of--way line of Westgate Drive, at the terminus of a curve;
connecting said right-of--way line with the western right-of--way line of White Oak Circle; thence from said point
of Beginning by the northern right-of--way line of Westgate Drive, South seventy-eight degrees, thirty minutes,
zero seconds West (S78° 30' 00" T~, a distance of one hundred six and seventy hundredths feet (1 D6.7D) to a
point; thence by Lot No. 128, North eleven degrees, thirty minutes, zero seconds West (N 11 ° 30' OD" {~, a
distance of one hundred twenty feet (120.00) to a point; thence by Lot No. 130 of Phase VII, North two
degrees, thirty minutes, thirty-five seconds East (N 02° 30' 35"E), a distance of sixty and forty hundredths feet
(60.40) to a point; thence by the western right-of--way line of White Oak Circle, the following two (2) courses:
(1) by a curve to the right, having a radius of one hundred seventy-five feet (R=I75.00), an arc length of one
hundred seventy-six and forty-three hundredths feet (A/L=176 43) to a point, (2) South twenty-four degrees, zero
minutes, zero seconds East (S 24° 00' 00" E), a distance of twenty-one and eighty-seven hundredths feet (21.87)
to a point; thence by a curve to the right, having a radius of twenty-five feet (R=2S 00 ), an arc length of forty-
four and seventy-two hundredths feet (A/L=44.72) to a point, the place of BEGINNING.
CONTAINING 17617.05 sq. ft. or 0.4044 acres.
BEING Lot No. 129, 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 authority 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 ~artner
NICKEL HOMES, L.L.C
BY:
Walter F. Nickel, III, Member
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