HomeMy WebLinkAbout04-2502CUMBERLAND VALLEY DEVELOPMENT,
INC., Owner
and -
WESTHAFER CONSTRUCTION, INC.,
Contractor
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
STIPULATION AGAINST LIENS
This Stipulation Against Liens is executed this /~- day of
2004, by:
WESTHAFER CONSTRUCTION, INC., a Pennsylvania business corporation with its
principal offices in Mechanicsburg, Pennsylvania (hereinafter "Contractor"); and
CUMBERLAND VALLEY DEVELOPMENT, INC., a Pennsylvania business corporation
with its primary offices in Mechanicsburg, Pennsylvania (hereinafter "Owner").
WITNESSETH:
WHEREAS, Contractor is a contractor under the Mechanics Lien Act of Pennsylvania
and Owner is the owner of real property described in Schedule A which is attached hereto
and made a part hereof (hereinafter the "Property"); and
WHEREAS, Contractor and Owner have entered into an agreement of even date
herewith by which Contractor is to erect, construct, and install certain buildings,
structures, and improvements on the Property, for which Owner is to pay Contractor the
sum set out in said agreement and Contractor has agreed to waive any right it, its
subcontractors, or its materialmen may have to file a mechanics lien against the Property,
and the parties wish to memorialize that agreement.
NOW, THEREFORE, as part of the contract between the parties and for the
considerations set forth therein, it is hereby stipulated and agreed by and between the
parties as follows:
1. Neither the Contractor or any subcontractor or materialman, or any other person,
business, or entity furnishing labor or materials to the Contractor under the contract may
file a lien, commonly known as a mechanics' lien, for work done or material furnished in
the construction of the structures, buildings, and improvements on the property
contemplated by the agreement.
2. This stipulation shall be filed with the Prothonotary for Cumberland County,
Pennsylvania, in accordance with the requirements of Section 402 of the Pennsylvania
Mechanics' Lien Law of 1963, and all amendments thereto and shall specifically apply to
the Property which is described in Schedule A attached hereto and made a part hereof.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
ATTEST:
ATTEST:
CUMBERLAND VALLEY DEVELOPMENT, INC.
WESTHAFER CONSTRUCTION, INC.
President
ALL THAT CERTAIN piece or parcel of land situate in Mechanicsburg Borough,
Cumberland County, Pennsylvania as set fodh in a survey by Alpha Consulting Engineers,
Inc., John K. Murphy, P.E./PLS and more particularly bounded and described as follows:
TRACT 1:
BEGINNING at a point marked by an iron pin on the West side of Washington Street;
thence South 21 degrees 43 minutes 00 seconds East, a distance of 152.18 feat to an iron
pin; thence South 67 degrees 10 minutes 57 seconds West, a distance of 150.02 feet to
an iron pin; thence North 21 degrees 43 minutes 11 seconds West, a distance of 118.22
feet to a point; thence South 68 degrees 17 minutes 00 seconds West, a distance of 34.74
feet to an iron pin; thence Nodh 10 degrees 29 minutes 04 seconds West, a distance of
25.46 feet to a point; thence North 23 degrees 56 minutes 00 seconds West, a distance
of 41.46 feet to a point; thence North 77 degrees 32 minutes 19 seconds East, a distance
of 183.78 feet to the point and place of BEGINNING
BEING Parcels 3, 4, 5 and 6.
BEING the same premises which William H. May, Jr. and Helen W. May, husband and
wife, by Deed dated April 1, 2000 and recorded in Office of the Recorder of Deeds of
Cumberland County, Pennsylvania in Deed Book 219, Page 312, granted and conveyed
unto Sherry L. Hughes.
TRACT 2:
BEGINNING at a point alorlg an alley which point is also the common corner of Lot 3 of the
Subdivision of William H. May, Jr., as recorded in Cumberland County Plan Book 77, Page
140; thence along Lot 3, North 25 degrees 26 minutes 00 seconds West, a distance of
298.92 feet to a point; thence North 67 degrees 34 minutes g0 seconds East, a distance
of 102.53 feet to a point; thence South 21 degrees 56 minutes 00 seconds East, a distance
of 16.0 feet to a point; thence North 65 degrees 04 minutes degrees 00 seconds East, a
distance of 89~74 feet to a point; thence South 23 degrees 56 minutes 00 seconds East,
a distance 247.53 feet to a point; thence South 10 degrees 29 minutes 04 seconds East,
a distance of 26.08 feet to a point; thence South 53 degrees 12 minutes 38 seconds West,
a distance of 24.47 feet to a point; thence South 1~4 degrees 49 minutes DO seconds West,
a distance of 153.95 feet to the point and place of BEGINNING.
CONTAINING 1.24 acres more or less
BEGIN the same premises which William H. May, Jr. and Helen W. May, husband and
wife, by their Deed dated April 1, 2000 and recorded in Office of the Recorder of Deeds
of Cumberland County, Pennsylvania, in Deed Book 219, Page 309, granted and
conveyed unto Sherry L. Hughes
TRACT 3:
ALL THAT CERTAIN piece or parcel of land situate in Mechanicsburg Borough,
Cumberland County, Pennsylvania as set forth on a Subdivision Plan of William H. May,
Jr., as prepared by Alpha Consulting Engineers, lac., John K. Murphy, P.E.IPLS and
recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan
Book 77, Page 140, and more particularly bounded and described as follows:
BEGINNING at a point on the East side of South Broad Street at the dividing line between
Lot No. 2A and Lot No. 3 on the aforementioned Plan; thence by Lot 2A, North 64 degrees
30 minutes 00 seconds East, a distance of 170.11 feet to a point; thence along Lots 7~.
and lA, North 19 degrees 30 minutes 00 seconds West, a distance of 259,22 feet to a
point; thence North 64 degrees 30 minutes 00 seconds East, a distance of 144.39 feet to
a point; thence South 25 degrees 26 minutes 00 seconds East, a distance 307.80 feet to
a point; thence South 64 degrees 30 minutes 00 seconds West, a distance of 346.50 feet
to an iron pin; thence along South Broad Street, North 19 degrees 30 minutes 00 seconds
West, a distance of 50.28 feet to the point and place of BEGINNING.
BEING Lot No. 3 on the aforementioned Subdivision Plan of William H. May, Jr. and
containing 1.3285 acres more or less.
UNDER AND SUBJECT TO setback lines and other conditions as shown on the
aforementioned Plan.
BEING the same premises which William H. May, Jr. and Helen W. May, husband and
wife, by their Deed dated April 1, 2000 and recorded in Office of the Recorder of Deeds
of Cumbertand County, Pennsylvania, in Deed Book 219, Page 306, granted and
conveyed unto Sherry L. Hughes.
TRACT 4:
ALL THOSE two (2) certain parcels of land situate on the West side of South Washington
Street, in the Borough of Mechanicsburg, Cumberland County, Commonwealth of
Pennsylvania, more particularly bounded and described as follows:
Parcel No. ~:
BEGINNING at corner of lot formerly of Abram May, Parcel No, 2 herein, on building line
of said Washington Street; thence Westward along line of said lot, Parcel No. 2 herein,
one hundred eighty-fOur (184) feet, more or less, to a sixteen fool alley; thence Eastwardly
along said alley one hundred eighty-five and eight-lenths (185.8) feet, more or less, to a
building line of said Washington Street; thence Northward along said building line of said
South Washington Street, sixty-six and six-tenths (66.6) feet to the place of BEGINNING.
Parcel No. 2:
BEGINNING at a point on Washington Street, corner of Lot formerly of Simon May, Parce~
No. ~ herein; thence along the lot formerly of Simon May, Parcel No. 1 herein, West one
hundred ninety (190) feet to an alley; thence along said alley seventeen (17) feet North
to lot now or late orA. K Hostetler and Lilian Hostetler, his wife; thence East along the lot
of said Hosteflers one hundred ninety (190) feet to Washington Street; thence South
seventeen ('~ 7) feet along Washington Street to the place of BEGINNING.
BEING the same premises which Donald L. Placido and Michaella A. Placido, husband
and wife, by Deed dated October 23, 2000, and recorded in the Office of the Recorder of
Deeds of Cumberland County, Pennsylvania, in Deed Book 233, Page 492, granted ar'~d
conveyed' to Sherry L. Hughes.