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HomeMy WebLinkAbout01-6384RSJ HOLDINGS, LLC, LORNP. G. Owner V, SEIFF~T, INC. Contractor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FILED: NOVEMBP.R 2001 STIPULATION AGAINST LIEN~ WHEREAS, RSJ HOLDINGS, LLC, a Pennsylvania limited liability company, of Mechanicsburg, Cumberland County, Pennsylvania (the "Owner"), and LORNE Go SP.TFP.R?, TNC. , the Contractor, with its principal place of business located at 65 Car'l'isle Rc].. D'i'l'l.~h~-g: . , Pennsylvania, have entered or are about to enter into a construction contract for the concrete construction services, and other improvements to the real property known and numbered as 1450 Trindle Road, Car- lisle, South Middleton Township, Cumberland County, Pennsylvania (the "Property"), which is more particularly bounded and described as set forth on Exhibit "A", appended hereto and made a part hereof. NOW, THEREFORE, this ~ day of I~ 1/t~ 0J~ ,2001, before any authority has been given by the Owner, RSJ HOLDINGS, LLC,, to the Contractor, LORNP. G. SP. IFP._RT, INC. , to commence work on said facilities, or purchase materials for the same, in consideration of the making of the above-described contract with the Contractor, and in further consideration of One Dollar ($1) paid to the Contractor by the Owner, the receipt whereof is hereby acknowledged, it is agreed that no liens or claims shall be filed or maintained against the Owner's facilities and the Property above-described by the Contractor, or any subcontractor, or by any of the materialmen or workmen or any other person acting through or under them, for or on account of any labor, or materials purchased, or extra labor or materials purchased for, towards, in or about the erection, construction and improvement of said facilities, under said contract or otherwise, the right to have, file and maintain such liens or claims against the facilities and Property above-described being hereby expressly waived by the Contractor for itself, its subcontractors, all materialmen or workmen and others acting through or under them. IN WITNESS WHEREOF, each of the parties, or by their duly authorized representatives, have hereunto executed this Stipulation Against Liens this OI day of ~O~'¢,LrI,~J2~E/- , 2001. WITNESS: RSJ HOLDINGS, LLC By: / Steven J. Rose, P~esident "Owner" ATTEST/WITNESS: LORNE G. SEIFERTf INC. (Assistant) Secretary WITNESS: By: or , (Vice) President WITNESS: By:¸ of , Partner M~LINDA S. BETZ SECRETARY/TREASURER -2- COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : On this, the q day of ~.(,~f~lJ~-/' , 2001, before me, the undersigned officer, personally appeared STEVEN J. ROSE, who acknowledged himself to be President of RSJ HOLDINGS, LLC, a Pennsylvania limited liability company, and that he as such officer, being duly authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the company by himself as such officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notar al Seal Tamah L. Wicke, Notary Public ISouth Middleton Twp., Cumberland County I My Commission Expires Sept. 19, 2002 Member, Pennsylvania Association ot Notaries ~otary Public COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF : On this, the day of ,2001, before me, the undersigned officer, personally appeared , who acknowledged himself to be (Vice) President of , and that he, as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as such officer. ' IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public -3- COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF : Before me, a Notary Public in and for said County and State, personally ap- peared , known to me to be a Partner of , a (state or common- wealth) general partnership, who acknowledged the execution of the attached docu- ment for and on behalf of himself and the Partnership. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND .' On this, the 9 day of NOVEMBEr, 2001, before me, the undersigned officer, personally appeared MELTNDA S. BETZ , known to me (or satis- factorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. .... ,: ,;at Seal !;',mai~ L VV ¢.ke Notary Public ':,, ,~ ,,¢~ ,'~iddle~t, on Twp., Cumberland County -t~ CcmmLsion E×oires Sept. 19, 2002 Notary Public -4- EXHIBIT "A" South MiddlctonTowlslfip CumbcrlamlE:ou[ity, l~cm~sylvauia, botmdcdamldcscribcdas Ibllows: TRACT NO.I : B'EGINNING at a point itl the ccnterline of Trmdle Road [..R. 305 PA. 641 itt the comer of land now or formerly of John If. Weary; thence by tile ccntcrlinc of said Road Sot, th 81 degrees 14 minutes 18 seconds East 196.64 feet to a point; thence by the dividing linc between Lots Nos. I and 2 on the hereinafter mentioned Subdivision Plan South 08 degrees 45 minutes 42 seconds West 275.00 feet to a point; thence by the same South 81 degrees 14 minutes 18 seconds East 125.00 feet to a point; thence by the dividing lirte between Lots Nos. l and 3 on said Plan South 81 degrees 14 minutes 18 secortds East 125.00 feet to a point; thence by the dividing line between Lots Nos. l and 5 on said Plan South 08 degrees 45 minutes 42 seconds West 244.77 feet to a point; thence by land ,low or formerly of Ralph C. Otto, North 81 degrees 36 minutes 50 seconds West, 333.50 feet to an existing iron pin; thence by land now or formerly of John H. Weary North 03 degrees 28 minutes 06 seconds West 534.08 feet to a point, the place of BEGINNING. CONTAINING a total area of 3.0873 acres including the portion of said premises under and subject to the dedicated fight-of-way for Trindle Road L.R. 305 PA. 641 and being Lot No. I on a Final Minor Subdivision Plan for Richard Curtis Company, recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 48, Page 118. TRACT NO. 2: BEGINNING at a point in the centerline of Trindle Road L.R. 305 PA. 641 on the dividing line between Lots Nos. I and 2 on the above mentioned Subdivision Plan, Lot No. l being Tract No. I of this Deed; thence by the centerline of said Road South 81 degrees t4 minutes 18 seconds East 125.00 feet to a point; thence by the dividing line between Lots Nos. 2 and 3 on said Plan South 08 degrees 45 minutes 42 seconds West 275.00 feet to a point; thence by the dividing line between Lots Nos. I and 2 on said Plan North 81 degrees 14 minutes 18 seconds West 125.00 feet to a point; thence by the same North 08 degrees 45 minutes 42 seconds East 275.00 feet to a point, the place of BEGINNING. CONTAINING a total lot area of 34,375 square feet including the portion of'said premises under and subject to the dedicated fight-or-way for Trindle Road L.R. 305 PA. 641 and being Lot No. 2 on tile above mentioned Subdivision Plan. UNDER AND SUBJECT to valid building, zoning, deed and plan restrictions, rights of the public and others in the roads, streets and alleyways adjoining the ¢lesctqbed premises and CaSetllCiltS ol' record and apparent. ' BEING THE SAME PREMISES which Burton E. Albert and Michelle A. Albert, husband and wife, by their Deed, dated 24 May 20001, and recorded in the Office of the Recorder of Deeds of Cumberland County itl Deed Book 245, Page 273, granted and conveyed unto RSJ Holdings, LLC.