Loading...
HomeMy WebLinkAbout04-0903 STIPULATION AGAINST LIENS Z aw Offices SALZMANN, HUGHES & FI,¥HMAN 95.41exander ~qpring Road, oeuke 3. Carlisle, Pennsylvattia 17013-3222 THIS AGREEMENT ~nade und entered into this~ da}' of February, 20(14 by und between CHESTNUT STREET TOWNHOUSES, LLC, a Pennsylvania limited liability company, of 30 East Maple~vood Avenne, Mechanicsbnrg, PA 17055 parties of the first part (hereinafter called Ox~er), AND R. HART ENTERPRISES, INC., with its principal offices located at 120(} Rossmoyne Way, Mechanicsbtu-g, PA 17055, party of the second part (hereinaI'ter called Contractor). WHEREAS, the said parties have by a duly executed written construction agreements under seal, both dated ~tX¢',~ ~.Ot ~:a~Yr , for construction and iinprovements to property located at 17 South Chestnnt Street~ 105 South Chestlmt Street. Ill South Chestnut Street, 119 South Chestnut Street, 125 South Chestnut Street, 127 South Chestnut Street, 129 South Chestnut Street, Mechunicsburg Borough, Cumberland County, Pennsylvania as set forth in Deed Book __, Page _ , and as more particularly described in the attached Exhibit A. NOW THIS AGREEMENT WITNESSETH: That the Contructor for und in consideration of the contract athresaid and the consideration mentiuned thereunder, as well as the farthar consideratiun of One ($l .00) Dollar to him in htmd paid by the O'~ner at or betbre the sealing and deliver~ of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechmfics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the said building or boildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, mnterialmen or laborers ibr work done or materials furnished under said contract or by any other part}, acting through or raider them or any of them for and about said building or buildings or any part thereoi] or on credit thereof, and that all sub-contractors, nmterialmen, and laborers on said work shall look to and hold Cuntractor persunally liable for all sub- cuntracts, materials thrmshed and ;;ork and labor done, so that there shall not be any legal or la;vful claim of any kind whatever against Ortner for any work done or labor or materials thmished under said contract for and abunt the erection, construction and completion of said buildthgs as aforesaid, or nnder an> contract lbr extra ~xvrk, or work supplemental thereto, or other~xSse. AND this Agreement waiving the fight of lien shall be an independent covenant and shall operate and be effective as well with respect to work done m~d materials ftmfished under any snppiemental contract thr extra work in the erection, constraction and completion of said building or buildings as to any ~vork and labor done and materials fi~rnished under the contract aIbresaid, AND, iu order to give the Ox~a~er full power and unthority to protect himself and the lot or lots of ground a,oainst any and alt claims filed by' the Contractor or an~,one acting under or throu~ him or it in violation of the tbregoing covenant, thc said Contractor t'or hth~self, themselves, itselt; hereby irrevocably authorizes and empowers any Attorney of any Court of Cmrm~on Pleas of the Conm~onxx ealth of Pennsylvania, to appear for him, them, it, or any of then~, in any of the said C ottrts of Common Pleas as Attorney thr him. them or it and in his, their, its, name, mark satisfied of record at the cost and expense of the Cantmctor or of any Sub~Contractor or Materialman, or Material men~ any and all claims or claim, lien or liens, tiled by or tbr the Contractor, or any Sub~Contractor or Material man. or in his or their name against said building or buildings, lot or lots of ground or any part thereof and for such act or acts tiffs shall be good and sufficient warrant and authority', and a reference to the Cram, Tem~ m~d Number in which and where this Agreement shall have been filed shall be a sufficient e~d~ibit office Authority herein contained to warrant such action, and the Contractor for hilnsell} themselves, itselt~ do hereby remise, release and quit-chdm all rights m~d all manner of errors, defects and imperfections whatsoever in antering such satisthction or in any- wise touching or concerning the same. IN WITNESS WHEREOF, the said parties have hereanto set their hands m~d seals dated the day and year first above written. CHESTNUT STREET TOWNHOUSES, LLC PAUL J.I~SOPEN/SKY, Member R. HART ENTERPRISES, INC. "Contractor" 2 E~{~IBIT "A" LEGAL DESCRIPTION CHESTNUT STREET PROPERTIES ALL THAT CERTAIN parcel of real property situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described as follows, to wit; LOT 1 BEGINNING at a post on the curb line on Chestnut Street, at corner of lot now or formerly of L.M, Kintz and wife; thence eastwardly along the line of said lot now or formerly of L.M. Kintz and wife, 142.00 feet. more or less, to a point in a public alley; thence along said alley, Southwardly, 35.00 feet to a point in the line of lot now or formerly of Margaret Bridget's Heirs; thence Westwardty along the line of said lot now or formerly of Margaret Bridget's Heirs, 142.00 feet, more or less, to a point in the curb line of Chestnut Street, aforesaid; thence along curb line of said Chestnut Street in a Nodhwardly direction, 35.00 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a two-story, frame dwelling house known as No. 17 South Chestnut Street, Mechanicsburg, Pennsylvania. BEING the same premises which John C. Shumberger by Deed dated October 21, 1993, and recorded in Cumberland County, in Deed Book P, Volume 36, .page 1074, conveyed unto Seidle Memorial Hospital. Said Seidle Memorial Hospital, through merger effective December 31, 1995 as filed with the Pennsylvania Department of State, Bureau of Corporations and Articles of Amendment changing corporate name filed on April 5, 1996, is now known as PINNACLE HEALTH HOSPITALS, Grantor herein. LOT 2 BEGINNING at the corner of Chestnut and Locust Streets; thence East along Locust Street 142 Feet to an alley; thence North along said alley 40 feet to land now or formerly of John E, Koser; thence West along said land 142 feet to Chestnut Street; thence South along the curb line of said street 41 feet to place of BEGINNING: 10 feet on Chestnut Street and 6 feet on Locust Street being reserved for pavement; and being designated as Lot No. 66. BEING improved with a brick dwelling, known as NO. 19 South Chestnut Street. BEING the same premises which Mabel C. Eppley, by deed dated January 17, 1996, and recorded in Cumberland County, Deed Book 134, Page 198, granted and conveyed unto Harrisburg Polyclinic Medical Center, which was successor by merger dated December 31, 1995 to Seidle Memorial Hospital. Said Harrisburg Polyclinic Medical Center through Articles of Amendment changing corporate name filed on April 5, 1996, is now known as PINNACLE HEALTH HOSPITALS, Grantor herein. LOT 3 BEGINNING at a point at the curb line on South Chestnut Street at line of lands now or formerly of the E. E. Campbell Estate; thence along the latter in an eastwardly direction, a distance of 142 feet, more or less, to an Alley; thence along said Alley in a northwardly direction, a distance of 64 feet, more or less, to East Locust Street; thence along said East Locust Street in a westwardly direction, e distance of 142 feet, more or less, to the curb line of South Chestnut Street; thence along said curb line of South Chestnut Street in a southwardly direction, a distance of 65 feet, more or less, to a point on the same, the place of BEGINNING. HAVING erected thereon a dwelling house known and numbered as 105 South Chestnut Street. BEING the same premises which Viola M. Wilt, by deed dated August 14, 1990, and recorded in Cumberland County in Deed Book S, Volume 34, Page 616, granted and conveyed to Seidle Memorial Hospital. Said Seidle Memorial Hospital, through merger effective December 31, 1995 as filed with the Pennsylvania Department of State, Bureau of Corporations and Articles of Amendment changing corporate name filed on April 5, 1996, is now known as PINNACLE HEALTH HOSPITALS, Grantor herein. LOT4 BEGINNING at a point on the curb line of South Chestnut Street; thence North along said Street, thirty (30) feet; thence by lot now or formerly of George Palmer, East, one hundred forty-two (142) feet, more or less, to an alley; thence along said alley, South 2 thirty (30) feet to a lot now or formerly of Jonas Rupp; thence along said lot, West one hundred forty-two (142) feet, more or less, to the place of BEGINNING. HAVING THEREON ERECTED a dwelling house known as No. 107 South Chestnut Street, Mechanicsburg, Pennsylvania. BEING the same premises which Marian F. Starner and Shirley L. Kyle, as joint tenants with the right of survivorship, by deed dated November 21, 1989 and recorded in Cumberland County, Deed Book H, Volume 34, Page 294, granted and conveyed to Seidle Memorial Hospital. Said Seidle Memorial Hospital, through merger effective December 31, 1995 as filed with the Pennsylvania Department of State, Bureau of Corporations and Articles of Amendment changing corporate name filed on April 5. 1996, is now known as PINNACLE HEALTH HOSPITALS, Grantor herein. LOT 5 BOUNDED on the West by Chestnut Street, on the North by lot now or late of Abraham Miller, on the East bY an alley, and on the South by lot now or late of Philip Reel. Containing in front along Chestnut Street thirty (30) feet, and extending back in depth one hundred forty-two (142) feet, more or less, to an alley, on Plan of Lots as Lot NO. 74. BEING the same premises which Dennis R. Freedman, by deed dated June 6, 1990, and recorded in Cumberland County, Deed Book P, Volume 34, Page 688, granted and conveyed to Seidle Memorial Nospital_ Said Seidle Memorial Hospital, through merger effective December 31, 1995 as filed with the Pennsylvania Department of State, Bureau of Corporations and Adicles of Amendment changing corporate name filed on April 5, 1996, is now known as PINNACLE HEALTH HOSPITALS, Grantor herein. LOT 6 BEGINNING at a point on the East curbline of South Chestnut Street at the corner of lands now or formerly of Ralph Persun, said point being'located at a distance of 155 feet, more or less, measured in a southerly direction along the said curbline of South Chestnut Street from East Locust Street; thence along the line of lands now or formerly of the said Ralph Persun, North 85 degrees East, a distance of 142 feet to a hub on the west side of an alley; thence along the west side of said alley, South 4 degrees 53 minutes East, a distance of 30 feet to hub on the same at corner of lands now or formerly of Viola Comp; thence along the line of lands now or formerly of the said Viola Comp; South 85 degrees West, a distance of 142 feet to a point on the East curbline of South Chestnut Street aforesaid: thence along said east Curbline of South Chestnut Street. North 4 degrees 53 minutes West a distance of 30 feet to a point on the same, the point and place of BEGINNING. HAVING THEREON ERECTED a two and one-half story frame dwelling house known as 111 South Chestnut Street, Mechanicsburg, Pennsylvania, 3 BEING THE SAME premises which Karl W. Smith and Ann L. Smith, his wife, by deed dated December 7, 1990, and recorded in Cumberland County, Deed Book X, Volume 34, Page 31, granted and conveyed to Seidle Memorial Hospital. Said Seidle Memorial Hospital, through merger effective December 31, 1995 as filed with the Pennsylvania Department of State, Bureau of Corporations and Articles of Amendment changing corporate name filed on April 5, 1996, is now known as PINNACLE HEALTH HOSPITALS, Grantor herein. LOT 7 Bounded on the West by said South Chestnut Street, on, the North by land now or formerly of Philip Reel, on the East by a Public Alley, and on the South by land now or formerly of Philip Strasbaugh; Having a frontage on said South Chestnut Street of thirty (30) feet and a depth from the curb line of said Street to the Public Alley of one hundred forty-two (142) feet; and Having erected thereon a double two and one-half story frame dwelling house known and numbered as 113 and 115 South Chestnut Street. BEING the same premises which David I. Comp, also known as David I. Comp. Sr., and Effa V. Comp, husband and wife, and Ferman H. Comp, Executor under the Last Will and Testament of the Estate of Viola E. Comp, deceased, by deed dated May 23, 1985, and recorded in Cumberland County, Deed Book G, Volume 31, Page 796, granted and conveyed to Seidle Memorial Hospital. Said Seidle Memorial Hospital, through merger effective December 31, 1995 as filed with the Pennsylvania Department of State, Bureau of Corporations and Articles of Amendment changing corporate name filed on April 5, 1996, is now known as pINNACLE HEALTH HOSPITALS. Grantor herein. LOT 8 CONTAINING on said Chestnut Street thirty (30) feet, more or less, and extending in depth one hundred forty-two (142) feet to a ten (10) foot alley; adjoining property now or late ef Katie Baker and Samuel C. Kaufman. HAVING THEREON ERECTED a two story frame house known as 117 South Chestnut Street and a frame shop on the rear; being part of Lot No. 80. BEING the same premises which Paul A. DeWire and Susan B. DeWire, his wife, by deed dated September 24, 1985, and recorded in Cumberland County, Deed Book M, Volume 31, Page 717, granted end conveyed to Seidle Memorial Hospital, Said Seidle Memorial Hospital, through merger effective December 31, 1995 as filed with the 'Pennsylvania Department of State, Bureau of Corporations and Articles of Amendment changing corporate name filed on April 5, 1996, is now known as PINNACLE HEALTH HOSPITALS, Grantor herein, LOT 9 4 ALL THAT CERTAIN two (2) story frame dwelling and Lot of Ground, known and numbered as 119 South Chestnut Street, situate on the East side of South Chestnut Street in the said Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern curb line of said South Chestnut Street; thence in an Eastwardly direction along the line of Lot formerly of Lee Orndorff, now or formerly of Charles E. Conrad and wife, a distance of 142.00 feet roan iron pin at a Public Alley; thence Southward along said Public Alley, a distance of 30.00 feet to an iron pin; thence along the line of Lot formerly of Jennie Green and now of Audrey E. Thorpe (the same being parcel No. 10 herein), in a Westwardly direction, a=distance of 142.00 feet, more or less, to a point on the Eastern curb line of South Chestnut Street, aforesaid; thence along the Eastern curb line of South Chestnut Street in e Northwardly direction, a distance of 30.00 feet to the point end place of BEGINNING. BEING PARCEL NO. 1 of the premises which Audrey E. Thorpe, widow, by deed dated March 20, 1985, and recorded in Cumberland County Deed Book D, Volume 31, Page 1020, granted and conveyed to Seidle Memorial Hospital. Said Seidle Memorial Hospital, through merger effective December 31, 1995 as filed with the Pennsylvania Department of State, Bureau of Corporations and Articles of Amendment changing corporate name filed on April 5, 1996. is now known as PINNACLE HEALTH HOSPITALS, Grantor herein. LOT 10 ALL THAT CERTAIN tract of land situate in the said Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BOUNDED on the West by South Chestnut Street; on the North by land formerly of James O. Stull Estate and now of Audrey E. Thorpe (the same being parcel No. 9 herein); on the East by a Public Alley; and on the South by land now or formerly of Guy Rupp Riehl. HAVING a frontage of 60.00 feet, more or less, on South Chestnut Street; and extending 142.00 feet, more or less, in depth from the Eastern curb line of South Chestnut Street to the Public Alley on the East. BEING PARCEL NO. 2 of the premises which Audrey E. Thorpe, widow, by deed dated March 20, 1955, and recorded in Cumberland County Deed Book D, Volume 31, Page '1020, granted and conveyed to Seidle Memorial Hospital. Said Seidle Memorial Hospital. through merger effective December 31, 1995 as filed with the Pennsylvania Department of State, Bureau of Corporations and Articles of Amendment changing corporate name filed on April 5, 1996, is now known as PINNACLE HEALTH HOSPITALS, Grantor herein. LOT 11 5 BEGINNING at the curb line of South Chestnut Street, at a lot now of J. (~. Spangler heirs; THENCE East by said lot, one hundred and forty-two (142) feet to an Alley; THENCE North along said Alley, thirty (30) feet to a lot now or formerly of William Bridget; THENCE West along said Lot, one hundred and forty-two (142) feet to curb tine on said South Chestnut Street; THENCE South along said curb line, thidy (30) feet to the place of BEGINNING. The house erected on said lot being numbered 125 South Chestnut Street, Mecl~anicsburg, Pennsylvania. BEING the same premises which Virginia E. Brooks, widow, by deed dated July 30, 1987, and recorded in Cumberland County. Deed Book V, Volume 32, Page 468, granted and conveyed to Seidle Memorial Hospital. Said Seidle Memorial Hospital, through merger effective December 31, 1995 as filed with the Pennsylvania Department of State, Bureau of Corporations and Articles of Amendment changing corporate name filed on April 5, 1996, is now known as PINNACLE HEALTH HOSPITALS, Grantor heroin. LOT 12 BOUNDED on the West by Chestnut Street; on the South by a lot now or formerly of Jonathan (~arnhill; on the East by a public alley and on the North by a tot now or formerly of the Rufus E. Shapley Estate; having a width on said Chestnut Street of twenty-four and one-half (24 ¼) feet and extending back from Chestnut Street to said public alley a depth of one hundred ten (110) feet. HAVING THEREON ERECTED a two story frame clwelling house known and numbered as 127 South Chestnut Street, Mechanicsburg, Pennsylvania. BEING the same premises which Gordon E. Deckman and Dorothy A. Deckman, his wife, by deed dated April 27, 1989 and recorded in Cumberland County Deed Book X, Volume 33, Page 591. granted and conveyed to Seidle Memorial Hospital. Said Seidle Memorial Hospital, through merger effective December 31, 199,5 as filed with the Pennsylvania Depadment of State, Bureau of Corporations and Articles of Amendment changing corporate name filed on April 5, 1996, is now known as PINNACLE HEALTH HOSPITALS, Grantor herein. LOT 13 BEGINNING at corner of curb line at said Northeast corner of South Chestnut Street and East Simpson Streets; thence in an eastwardly direction along said East Simpson Street, ninety-seven (97) feet, more or less, to line of Lot now or formerly of Harry Slyder Heirs; thence along the line of said Lot now or formerly of Harry Slyder Heirs, in a northwardly direction thirty-one (31) feet to a point in the line of Lot now or formerly of Dr. J. B. Spangler Heirs; thence along the line of said Lot now or formerly of Dr. J. B. Spangler Heirs. in a westwardly direction, ninety-three (93) feet, more or less. to a point in the curb line of South Chestnut Street, aforementioned; thence along said curb line of 6 South Chestnut Street in a southwardly direction, thirty-seven (37) feet and six (6) inches to a point, at the place of BEGINNING. HAVING thereon erected a frame dwelling house known and numbered as 129 South Chestnut Street, Mechanicsburg, Pennsylvania. BEING the same premises which Clyde C. Walker, widower, by deed dated June 6, 1990 and recorded in Cumberland County Deed Book P, Volume 34, Page ~,67, granted and conveyed to Seidle Memorial Hospital. Said Seidle Memorial Hospital, through merger effective December 31, 1995 as filed with the Pennsylvania Department of State, Bureau of Corporations and Articles of Amendment changing corporate name filed on April 5, 1996, is now known as PINNACLE HEALTH HOSPITALS, Grantor herein. LOT 14 ~ ON the South by said East Simpson Street; on the East bY a public alley; on the North by lot now or formerly of Dr. J. B. Spangler Estate; and on the West by lot now or formerly of Samuel Sunday. HAVING a frontage on said East Simpson Street of 50.0 feet, and extending back the same width to said lot now or formerly of Dr. J. B. Spangler Estate, and having a depth on the East side of 24.0 feet and a depth on the West side of 27.0 feet. HAVING THEREON erected a frame dwelling house known and numbered as No. 437 East Simpson Street, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions, and rights-of-way of record. BEING THE SAME PREMISES that Michael T. McCarthy and Susan H. McCarthy, his wife, by deed dated July 29, 1983 and recorded in Cumberland County Deed Book H, Volume 30, Page 720, granted and conveyed to Seidle Memorial Hospital. Said Seidle Memorial Hospital, through merger effective December 31, 1995 as filed with the Pennsylvania Department of State, Bureau of Corporations and Articles of Amendment changing corporate name filed on April 5, 1996, is now known as PINNACLE HEALTH HOSPITALS, Grantor herein.