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HomeMy WebLinkAbout01-6484RSJ HOLDINGS, LLC, Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. STONK~E~G~R H L PLUMBING & HEATING : Contractor : FILED: ,2OOl 2001 STIPULATION AGAINST LIENS WHEREAS, RSJ HOLDINGS, LLC, a Pennsylvania limited liability company, of Mechanicsburg, Cumberland County, Pennsylvania (the "Owner"), and $'l'Ot'~]~G]~ ]~ ]-, PLUM~lrNG & HEATING , the Contractor, with its principal place of business located at. 939 Nixon Dr].ve, Mechan±c.~burg , Pennsylvania, have entered or are about to enter into a construction contract for the /Dlumbinq 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 I~1% day of ~~,- , 2001, before any authority has been given by the Owner, RSJ HOLDINGS, LLC,, to the Contractor,. $~3NE~F, RG]!~t 1] ~'. PLUMBING & HEATING , 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 of ,2001. WITNESS: RSJ HOLDINGS, LLC day Steven J. Ros~, President "Owner" ATTEST/WITNESS: (Assistant) WITNESS: STONEBERGER H L PLUMBING & ~TING Harold Stoneberger or , (Vic President WITNESS: By: or , Partner -2- COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : On this, the I~ay of /~2..¢~, 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. Notarial Seal Tamah L. Wicke, Notary Public South Middleton Twp., Cumberland County My Commission Expires Sept. 19, 2002 Member, Pennsylvania Association ol Notaries ¢Jotary Public - COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF : On this, theJq"~day of ~0¢.~ ,2001, before me, the undersigned officer, personally appeared ~a,.RO]'.D S't'Ot'~G]~ , who acknowledged himself to be (Vice) President of s'rot~m,B~G]~t H L P'r.u[~BTI~'G & RR~,?T~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. I Notarial Seal ~' Tamah L. Wicke, Notary Public ~ South Middleton Twp. Cumberland County ~ My Commission Expires Sept. 19 2002] Member1 PennsvIvahia Association ol Notaries . N~tary Pu61i~ - ' -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 : On this, the day of ,2001, before me, the undersigned officer, personally appeared , known to me (or saris- 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. Notary Public -4- EXHIBIT "A" /\l ,1, IIloxc two ccFlain II':ICIS O '1lind, Io?,ctbG ' wilh Illl[)lovt:lllt:lllN lht:lCOII CICC (d gihla[C in ~outh g"lMdlclon Tow[ si~i[) Cum[)crland (:out [y I'cm~vlvama, bmmdcd and dcscrihcd ax Ihlhm, x ' ' 'I'll, ACT NO.I : BEGINNING at a point in lhe ccuterlin¢ of Trindlc Road I,.R. 305 PA. 6,11 at Ihe corner of land now or fommrly of Jolm It. Weary; thence by tim ccutcrlinc of said Road South 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 bereiuafler mentioned Subdivision Plau 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 line between Lots Nos. I and 3 on said Plan South 81 degrees 14 minutes 18 seconds East 125.00 feet to a point; thence by tile dividing line between Lots Nos. I and 5 on said Plan South 08 degrees 45 minutes 42 secouds West 244.77 feet to a point; thence by land now 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 former ~e.~r_y North 03 degrees 28 minutes 06 seconds West 534 08 fe ...... ' , ly,ofJohfi H. ~E~INNING. . ,.~.t tu a point, tile place ot CONTAINING a total area of 3.0873 acres including tile portion of said premises under and subject to the dedicated right-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 thc Recorder of Deeds in and for Cumberland County, in Plan Book 48, Page 118. ?RACT 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. I being Tract No. I of this Deed; thence by the centerline of said R. oad South 81 degrees 14 minutes 18 seconds East 125.00 feet to a point; thence by the dividing line betxveen 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. l 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, tile place of BEGINNING. CONTAINING a total lot area of 34,375 square feet including the portion of said premises under and subject to dm dedicated right-of-way for Trindle Road L.R. 305 PA. 641 and being Lot No. 2 on tile above mentioned Subdivision Plan. UNI)FA>, AND SUBJECT to valid bnild ng, zoning, deed and plan restrictions, rights of the l)ublic and others in the roac s streets and alleyways ( iota,n the described premises and C;INCItlcIIlS O['ICCOi([ ;ll/d ilpparcll{. :> BEING THE SAME PREMISES which Burton E. Albert and Michelle A. A bert husband and wife, by their Deed, dated 24 May 20001, and recorded in the Office oFthe Recorder of Deeds of Cumberland County in Deed Book 245, Page 273, granted and conveyed unto RSJ Holdings, LLC. -