HomeMy WebLinkAbout03-4104STIPULATION AGAINST LIENS
PAMAY DEVELOPMENT CO., INC,
Owner
Versus
LEON E. WINTERMYER, INC.
Contractor
Number
Term 2003
In the Court of Common Pleas
Cumberland County, Pennsylvania
WHEREAS, Pamay Development Co., Inc., a Pennsylvania Corporation, Owner, with its principal
office located 5140 E. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, is about to
execute contemporaneously herewith a contract with Leon E. Wintermyer, Inc., Contractor, of 220
Yocumtown Road, Etters, Pennsylvania, for construction of off-site sewage facilities for Phase III of
Meadowbrook Farms on that real property commonly known as Meadowbrook Farms, Phase IV, V and
VI in Middlesex Township, Cumberland County, Pennsylvania, and more fully described on Exhibit A
attached hereto and made a part hereof(the "Property").
NOW, this c~]£~ day of ~axqt451b ,2003, at the time of and immediately before
the execution of the principal conlfact, and before any authority has been given by the said Owner to the
said Contractor to commence work on the said Property or to purchase materials for the same in
consideration of the making of the said contract with Contractor and the further consideration of one
dollar to Contractor paid by Owner it is agreed that no lien shall be filed against the Property by the
contractor, or any subcontractor, 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 construction of sewage
facilities on the Property, the right to file such liens being expressly waived.
This Stipulation against Liens may be executed in counterparts, each of which shall be fully effective as
an original and all of which together shall constitute one and the same insmtment.
WITNESS, our hand and seal the day and year aforesaid.
Signed, Sealed and Delivered
in the Presence of
Pamay Development Co., Inc., Owner
By:
Print Name ~/~
Leon E. W~temyer, Inc., Contractor
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EXHIBIT A
ALL THAT CERTAIN tract of land partly situate in North Middleton Township and
partly in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a spike in the center of Township Road No. 499 at the comer of lands
now or formerly of Edlu Corporation; thence by said lands and along a fence line, South 00 degrees
54 minutes West 4,243.79 feet to a point in the center of the Condoguinet Creek; thence up the center of
said Creek 1,909 feet, more or less to a point; thence along lands now or formerly of Bernard W.
Shughart, Robert C. Magee and Walter F. Nickel, Jr., and along a fence line, North 3 degrees 5 minutes
West, 2,450.23 feet to a post; thence along lands now or formerly of Walter F. Nickel, North 82 degrees
8 minutes East, 186 feet to a post; thence by the same, North 4 degrees 22 minutes West, 156 feet to a
post situate along Township Route No. 499; thence along and in said Township Road, North 59 degrees
24 minutes 40 seconds East, 608.1 feet to a spike in said Road; thence in same, North 57 degrees
48 minutes 40 seconds East, 216 feet to a point; thence by the same, North 60 degrees 4 minutes
40 seconds East, 259.8 feet to a spike; thence by the same, North 62 degrees 11 minutes 20 seconds East,
105.9 feet to a spike; thence by the same, North 67 degrees 25 minutes 20 seconds East, 80.1 feet to a
spike; thence by the same, North 73 degrees 5 minutes 20 seconds East, 676.8 feet to a spike; thence in
same and along lands now or formerly of Paul W. Albright, North 73 degrees 57 minutes East, 92 feet to
a spike, the place of BEGINNING.
Being described according to a survey of Thomas A. Neff, R. S. dated December 14,
1970.
BEING THE SAME premises which Mary Verdelli and Ceasar Verdelli by their Deed
dated January 4, 1989 and recorded January 5, 1989, in the Office of the Recorder of Deeds, in and for
Cumberland County, Pennsylvania in Deed Book T-33, page 296 granted and conveyed unto Pamay
Development Co., Inc., a Pennsylvania corporation, Mortgagor herein.
EXCLUDING THE FOLLOWING PHASES:
Phase I
All that certain tract of land situated in Middlesex Township and North Middleton
Township, Cumberland County, PA, being lands known as Phase I, as shown on the
Meadowbrook Farms Final Subdivision Plan, Phase I, dated June 6, 1996 by PennTerra
Engineering, Inc., State College, PA, being bounded and described as follows:
Beginning at an iron pin, lying in an easterly R/W line of SR 0034 (Var. R/W) and lying
in a southerly R/W of Wes! Middlesex Drive (60' R/W); thence along the West Middlesex Drive R/W, N
83° 04' 00" E, 22.55 feet to an iron pin; thence continuing along said 1UW, along a curve to the left,
having a chord bearing of N 76° 38' 37" E, a chord distance of 56.74 feet, a radius of 253.62 feet, and an
arc length of 56.86 feet to an iron pin; thence continuing along said R/W, crossing the North Middleton
Township/Middlesex Township line, along a curve to the left, having a chord bearing of N 64° 57' 10" E,
a chord distance of 342.40 feet, a radius of 1,864.77 feet, and an arc length of 342.88 feet to an iron pin;
thence continuing along said R/W, N 59° 41' 07" E, 102.89 feet to an iron pin; thence continuing along
said R/W, along a curve to the left, having a chord bearing of N 58° 55' 11" E, a chord distance of 180.08
feet, a radius of 6,740.70 feet, and an arc length of 180.08 feet to an iron pin; thence continuing along said
ILrW, N 58° 09' 16" E, 175.34 feet to an iron pin lying in said R/W line and being a westerly comer of
Future Phase II; thence along said lands, S 30° 55' 11" E, 154.36 feet to an iron pin; thence N 59° 04' 49"
E, 10.00 feet to a point; thence, S 30° 55' I 1" E, 50.00 feet to a point; thence S 59° 04' 49" W, 22.00 feet
to an iron pin; thence S 30° 55' 11" E, 200.00 feet to an iron pin; thence S 59° 04' 49" W, 212.35 feet to
an iron pin; thence S 03° 08' 17" E, 195.27 feet to an iron pin; thence N 86° 51' 43" E, 2.39 feet to a
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point; thence S 03° 08' 17" E, 50.00 feet to a point; thence S 86° 51' 43" W, 20.39 feet to an iron pin;
thence S 03° 08' 17" E, 164.97 feet to an iron pin; thence along Future Phase III and crossing the
Middlesex Township/North Middleton Township line, S 81° 22' 51" W, 399.96 feet an iron pin; thence N
83° 16' 41" W, 125.00 feet to an iron pin; thence S 69° 47' 43" W, 335.00 feet to an iron pin, being a
westerly comer of Furore Phase III and lying in an easterly line of lands owned now or formerly by
Ronald L. & Delores J. Brehm (D.B. 28, Pg. 410); thence along the Brehm lands and lands owned now or
formerly by Ross D. & Carol A. George (D.B. 35-Z/323), N 03° 10' 59" W, 529.50 feet to an iron pin,
being a northerly comer of the George lands and lying in an easterly R/W line of SR 0034; thence along
the SR 0034 R/W, N 36° 02' 50" E, 17.34 feet to an iron pin; thence continuing along said IUW, N 29°
58' 45" E, 107.22 feet to an iron pin, being the place of beginning, containing 14.570 acres.
Phase II
ALL TItAT CERTAIN tract of land situate in Middlesex Township, Cumberland
County, Pennsylvania, being Meadowbrook Farms, Phase 11, as shown on a plan entitled Meadowbrook
Farms, Final Subdivision Plan Phase II, dated February 12, 1999, revised June 3, 1999 and recorded
August 17, 1999, in Cumberland County Plan Book 79, Page 85, more particularly bounded and
described as follows:
BEGINNING at an iron pin, lying in a southerly right-of-way line of West Middlesex
Drive (60-foot right-of-way) and being a westerly comer of future Phase 10; thence along said lands,
South 16 degrees 54 minutes 20 seconds east, 160.00 feet to an iron pin; thence continuing along said
lands, North 73 degrees 05 minutes 40 seconds East, 24.02 feet to an iron pin; thence continuing along
said lands, thence South 73 degrees 05 minutes 40 seconds West, a distance of 24.02 feet to an iron pin;
thence continuing along said lands, South 16 degrees 54 minutes 20 seconds East, 227.57 feet to an iron
pin; thence continuing along said lands, South 00 degrees 48 minutes 54 seconds East, 477.30 feet to an
iron pin, lying along said lands and being a northerly comer of future Phase III; thence along said lands,
South 81 degrees 56 minutes 22 seconds West, 172.72 feet to an iron pin; thence continuing along said
lands, South 08 degrees 03 minutes 38 seconds East, 33.71 feet to an iron pin; thence continuing along
said lands, South 81 degrees 44 minutes 32 seconds West, 50.00 feet to an iron pin; thence continuing
along said lands, South 81 degrees 56 minutes 22 seconds West, 184.55 feet to an iron pin; thence
continuing along said lands, North 51 degrees 38 minutes 54 seconds West, 228.84 feet to an iron pin;
thence continuing along said lands, North 44 degrees 54 minutes 41 seconds West, 111.90 feet to an iron
pin, lying along said lands and being a southerly comer of Lot No. 62; thence along said lot, North 59
degrees 04 minutes 49 seconds East, 125.00 feet to an iron pin; thence continuing along said lot, North 30
degrees 55 minutes 11 seconds West, 200.00 feet to an iron pin, being a northerly comer of said lot and
lying in a southerly right-of-way line of Mulberry Hill Road (50-foot right-of-way); thence along said
right-of-way, North 59 degrees 04 minutes 49 seconds East, 22.00 feet to a point; thence traversing
through said right-of-way, North 30 degrees 55 minutes 11 seconds West, 50.00 feet to a point; thence
along said fight-of-way, South 59 degrees 04 minutes 49 seconds West, 10.00 feet to an iron pin, lying
along said fight-of-way and being an easterly comer of Lot No. 55; thence along said lot, North 30
degrees 55 minutes 11 seconds West, 154.36 feet to an iron pin, being a northerly comer of said lot and
lying in a southerly right-ol~way line of West Middlesex Drive (60-foot right-of-way); thence along said
right-of-way, North 58 degrees 33 minutes 39 seconds East, 153.96 feet to an iron pin; thence continuing
along said right-of-way, North 59 degrees 13 minutes 29 seconds East, 153.96 feet to an iron pin; thence
continuing along said right-of-way, along a curve to the right, having a chord bearing of North 65 degrees
46 minutes 03 seconds East, a chord distance of 253.98 feet, a radius of 1,407.37 feet, and an arc distance
of 254.32 feet to a point; thence continuing along said right-of-way, North 72 degrees 40 minutes 19
seconds East, 129.68 feet to an iron pin, being the place of BEGINNING.
Part of Parcel Number: 21-06-0019-001
Schedule A, Page 2 - Policy No. 135-02-983355
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Phase III
All that certain tract of land situated in Middlesex Township and North Middleton
Township, Cumberland County, PA, being Phase 3 of the Meadowbrook Farms Subdivision, as shown on
a Plan entitled, "Meadowbrook Farms, Final Subdivision Plan, Phase 3," dated October 31, 2000 by
PennTerra Engineering, Inc., State College, PA, being bounded and desctibed as follows:
Beginning at an iron pin, being a northeastetiy comer of future Phase 6 and lying in a
southerly line of existing Phase 1; thence along the Phase 1 lands N81°22'5 I"E, 126.33 feet to an iron
pin; thence continuing along said lands the following bearings and distances: N03°08'17"W, 164.97 feet
to an iron pin; thence N86°51 '43'E, 20.39 feet to an iron pin; thence N03°08'17"W, 50.00 feet to an iron
pin; thence S86°51 '43'W, 2.39 feet to an iron pin; thence N03°08' 17"W, 195.27 feet to an iron pin;
thence N59°04'49"E, 87.35 feet to an iron pin, being an easterly comer of said lands and a westerly
comer of existing Phase 2; thence along the Phase 2 lands the following bearings and distances:
S44°54'41"E, 111.90 feet to an iron pin; thence S51°38'54"E, 228.85 feet to an iron pin; thence
NSl°56'22"E, 184.55 feet to an iron pin; thence N81°44'32"E, 50.00 feet to an iron pin; thence
N08°0Y38"W, 33.71 feet to an iron pin; thence N81°56'22"E, 172.72 feet to an iron pin, being a
southeasterly comer of said lands and lying in a southeasterly line of future Phase 10; thence along the
Phase 10 lands S00°48'54"E, 102.49 feet to an iron pin; thence S20°40'58"E, 221.51 feet to an iron pin,
being a westerly comer of said lands and a northerly comer of future Phase 9; thence along the Phase 9
lands the following bearings and distances: S69°19'02'W, 160.00 feet; thence S20°40'58'E, 71.36 feet to
an iron pin; thence S69°19'02"W, passing over an iron pin, being a westerly comer of said lands and a
northerly comer of future Phase 8 at 160.00 feet, for a total distance of 370.00 feet to an iron pin; thence
continuing along said lands the following beatings and distances: S20°40'58"E, 5.50 feet to an iron pin;
thence S69°19'02'W, 210.00 feet to an iron pin; thence S20°40'58"E, 322.50 feet to an iron pin, being a
westerly comer of said lands and a northerly comer of future Phase 7; thence along the Phase 7 lands the
following bearings and distance: S69°19'02"W, 160.00 feet to an iron pin; thence S20°40'58"E, 43.08
fee to an iron pin; thence S69°19'02"W, 180.03 feet to an iron pin, being a westerly comer of said lands
and a northeasterly comer of future Phase 4; thence along the Phase 4 lands the following bearings and
distances: N53°30'18"W, 107.50 feet to an iron pin; thence N61°28'35"W, 50.00 feet to an iron pin;
thence along a curve to the right, having a chord bearings ofN29°54'29"E, a chord distances of 13.29
feet, a radius of 275.00 feet and an arc length of 13.29 feet to an iron pin; thence N58°42'27"W, 195.47
feet to an iron pin, being a northwesterly comer of said lands and a southeasterly comer of future Phase 6;
thence along the Phase 6 lands the following beatings and distances: N23°18'42"W, 32.86 feet to an iron
pin; thence N69°19'02"E, 154.10 feet to an iron pin; thence N26°08'46"W, 137.99 feet to an iron pin;
thence N81 °22'5 I"E, 181.03 feet to an iron pin; thence N08°37'09"W, 95.47 feet to an iron pin; thence
along a curve to the left, having a chord bearing ofN53°37'09"W, a chord distance of 35.36 feet, a radius
of 25.00 feet and an arc length of 39.27 feet to an iron pin; thence N08°37'09"W, 50.00 feet to an iron
pin; thence N81°22'5 I"E, 11.94 feet to an iron pin; thence N08°37'09"W, 160.00 feet to an iron pin,
being the place of beginning, containing 13.770 acres.
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