HomeMy WebLinkAbout01-2513 STIPULATIQ/q AGAINST LIENS
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THIS AGREEMENT made as of this ~ day of April 2001, by and between CAMP
HILL CVS, INC. (hereinafter called the "Owner"),
SPEEDWELL CONSTRUCTION, INC. (hereinafter called the "Contractor").
IYHEREAS, Camp Hill Developers, LLC on behalf of the Owner has entered into a written
agreement with the Contractor for the parcel of land situated in the Town of Camp Hill,
Cumberland County, Pennsylvania located at 3201, 3215, and 3221 Market Street, Camp Hill,
Pennsylvarda and being more fully described on Schedule A, attached hereto and made a part
hereof.
WHERF~4S, the Contractor has covenanted, promised and agreed that no mechanics' claims
or liens should be entered and filed against the said parcel of land, the buildings or any part thereof,
or the curtilage or curtilages appurtenant thereto,
NO~Y THIS AGREEMENT tFITNESSETH: That Contractor for and in consideration of
the awarding to him by Camp Hill Developers, LLC on behalf of the Owner of said contract as
aforesaid, as well as the further consideration of One Dollar ($1.00) to it paid at or before the
ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby
covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind
whatsoever shall be filed against the said parcel of land, the building or buildings or the curtilage or
curtilages appurtenant thereto, by Contractor or by any sub-contractors, materialmen, and laborers
for work done or materials furnished under said contract for and about the construetinn of said
building or buildings or any part thereof, or on credit thereof; and the said Contractor, for itself and
its sub-contractors and others under it or them hereby expressly waive and relinquish the right to
have, file and mainta'm any mechanics' liens or claims against said land, the building or cuxtilage;
and that all sub-contractors, materialmen, and laborers on said work shall look to and hold
Contractor personally liable for all sub-contracts, materials furnished and work and labor done, so
that there shall not be any legal or lawful claim of any kind whatever against Owner (or any of
them) for any work done or labor or materials furnished under said contract for and about the
erection, construction, and completion of said building as aforesaid, or under any contracts for extra
work, or for work supplemental thereto, or otherwise.
AND, in order to give the Owner full power and authority to protect themselves and the lot
or lots of ground against any and all claims filed by the Contractor or anyone acting under or
through it in violation of the foregoing covenant, the said Contractor hereby irrevocably authorizes
and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania,
to appear for it in any of the said Courts of Common Pleas as Attorney for it, and in its name mark
satisfied of record at the cost and expense of the Contractor or of any sub-contractor or
materialman, any and all claims or claim, lien or liens, filed by or for the Contractor, or any sub-
contractor or materialmen, or in his or their name against said building or building, lot or lots of
ground or any part thereof and for such act or acts this shall be good and sufficient warrant and
authority, and a reference to the Court, Term and Number in which and where this Agreement shall
have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action,
and the Contractor does hereby remise, release and quit-claim all rights and all manner of errors,
defects and imperfections whatsoever in entering such satisfaction or in anywise touching or
concerning the same.
[SIGN/I TURES ON FOLL 0 WING PA GE]
IN WITNESS WHEREOF, the parties have caused the foregoing Stipulation Against Liens
to be executed as of the day and year first above written.
~I~;t~F: OWNER:
CAMP HILL CVS, INC.
By:
Its:
Duly Authorized
CONTRACTOR:
SPEEDWELL CONSTRUCTION, INC.
Name.'
Name:
By:
Its:
Keith Ebersole
Duly Authorized
COMMONWEALTH OF PENNSYLVANIA )
) SS,:
COUNTY OF )
On this __ day of April 2001, before me, the undersigned, personally appeared Keith
Ebersole, who acknowledged himself to be the of Speedwell Construction, Inc.
and that he as such , being authorized so to do, executed the foregoing instrument
for the purposes therein contained by signing his name.
In Wimess Whereof, I hereunto set my hand.
Notary Public
My Commission Expires:
STATE OF RHODE ISLAND)
) SS.
COUNTY OF HARTFORD )
~. ~ On~t~s. ~ ~ day of April 2001, before me, the undersigned, personally appeared
/~t~c /~. ,0oD~;o4 who acknowledged himself/herself to be a duly authorized Officer or
Agent of Camp Hill CVS, Inc. and that he/she as such Officer or Agent, being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing his name.
In Wimess Whereof, I hereunto set my han~l. ~p,'~j ~
My Commission Expires: ? ~-j'°'~//~'~
4
IN WITNESS WHEREOF, the parties have caused the foregoing Stipulation Against Liens
to be executed as of the day and year first above written.
ATTEST: OWNER:
CAMP HILL CVS, INC.
Name:
Name:
By:
Its:
Name:
Name:
CONTRACTOR:
SPEEDWELL CONSTRUCTION, INC.
Kei~ Ebef~'ole
Its:
Duly Authorized
COMMONWEALTH OF PENNSYLVANIA )
) SS.:
COUNTY OF )
On this gO~ day of~ita~d~-2001, before me, the undersigned, personally appeared Keith
Ebersole, who acknowledged himself to be the O~//~'~' of Speedwell Construction, Inc~
and that he as such t30.~'"~ , being authorized so to do, executed the foregoing instrument
for the purposes therein contained by signing his name.
In Witness Whereof, I hereunto set my hand.
Notfiry Public
My Commission Expires:
Notarial Seal
Michele K. Hollen, Notary Public
Rapho Twp., Lancaster County
My Commission Expires Oct. 1,2001
Member, Pennsylvania Association of Notaries
STATE OF CONNECTICUT)
COUNTY OF HARTFORD )
On this day of March 2001, before me, the undersigned, personally appeared
, who acknowledged himself/herself to be a Member of Camp Hill CVS,
Inc. and that he/she as such Member, being authorized so to do, executed the foregoing instrument
for the purposes therein contained by signing his name.
In Witness Whereof, I hereunto set my hand.
Notary Public
My Commission Expires:
3215 MARKET STREET:
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill, Cumberland
County, Pennsylvania, bounded and described as follows, to wit:
On the North by Market Street; on the east by lands now or late of Oliver L. Miller and Edna R. Miller;
on the south by lands now or formerly of Mel Herman; and on the west by Lot No. 2 on the Plan of Lots
hereinafter mentioned, now or formerly of Caleb S. Brinton and Charles P. Adams; said lot containing
fifty (50) feet in front on the south side of Market Street and extending back an even width two hundred
seventeen (217) feet, more or less, on the east side, and two hundred eighteen and seven tenths (218.7)
feet on the west side to lots now or formerly of Mel Herman aforesaid.
BEING the western half of Lot No. I of the Plan of Lots of Rupp Tract laid out by John F. Dapp, Robert
L. Myers and Caleb S. Brinton; said Plan being recorded in the Cumberland County Recorder of Deeds
Office in Plan Book 1, Page 14.
HAVING thereon erected a two and one half story brick house known and numbered as 3215 Market
Street, Camp Hill, Pennsylvania.
ALSO BEING DESCRIBED by a survey of the premises performed by Whittock & Ha~t~uan,
Registered Surveyors, dated January 3, 1986 as follows, to wit:
BEGINNING at an iron pin on the south side of Market Street, which pin is one hundred thirty-two
(132) feet, more or less, from 32nd Street; thence S. 09° 01' 21" W. a distance of two hundred seventeen
and twenty-three hundredths (217.23) feet to an iron pin; thence N. 82° 24' 32" W. a distance of fifty
and two hundredths (50.02) feet to an iron pin; thence N. 090 01' 21" E. a distance of two hundred
eighteen and seventy hundredths (218.70) feet to a point on the south side of Market Street; thence S.
80° 43' 28" E. a distance of fifty (50) feet to an iron pin, the place of BEGINNING.
AND
3221 MARKET STREET:
ALL THAT CERTAIN house and lot of ground situate in the Borough of Camp Hill, County of
Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on Market Street at the dividing line between Lots Nos. I and 2 on the
hereinafter mentioned plan of lots; thence West along Market Street, a distance of fifty (50) feet to a
point; thence South at right angles to Market Street, a distance of three hundred (300) feet to the
southern boundary line of Lot No. 2; thence East along the southern boundary line of Lot No. 2, a
distance of eight and three-tenths (8.3) feet to a point; thence North along lands now or formerly of Mel
Herman and John F. Dapp, et al., a distance of seventy-four and one-tenth (74. I) feet to a point; thence
East along the southern boundary line of Lot No. 2 and along lands now or formerly of Mel Herman,
John F. Dapp et al., a distance of forty-eight and nine-tenths (48.9) feet to a point in the division line of
Lots Nos. 1 and 2; thence North along the division line of Lots Nos. 1 and 2, a distance of two hundred
twenty-three and seven-tenths (223.7) feet to Market Street, the place of BEGINNING.
AND
3201 SOUTH MARKET STREET:
ALL THOSE certain three tracts of land situate in the Borough of Camp Hill, Cumberland County,
Pennsylvania, bounded and described as follows:
TRACT NO. 1:
BEGINNING at a point marked by an iron pin in the south property line of Market Street (50 feet in
width) which point is 750 feet east of the southeastern intersection of Market Street with Rupp Street (40
feet in width), said point is further described as the northeastern comer of the property now or late of
Harry Bricker; thence along the east property line of the said Harry Bricker South 06 degrees 06 minutes
East, 202.30 feet to an iron pin at the northwesterly comer of the land now or late of Emory Armstrong
Fisher; thence along the same North 82 degrees 06 minutes East, 71.32 feet to the northeastern comer of
the land now or late of Emory Armstrong Fisher; thence along the westerly line of property formerly of
Raymond V. and Mary D. Herman, and continuing along the westerly line of property now or late of
Melvin P. Herman, North 12 degrees 11 minutes West, 201.2 feet to an iron pin in the south property
line of Market Street; thence along the said south property line South 83 degrees 54 minutes west, 50
feet to an iron pin, the point and place of BEGINNING. CONTAINING 0.280 of an acre of land be the
same more or less.
TRACT NO. 2:
BEGINNING at the intersection of the south side of Market Street and the west side of South 32na
Street; thence extending South 12 degrees 06 minutes East along the west side of South 32~d Street a
distance of 126 feet to a point in line of land now or late or Raymond V. and Mary D. Herman; thence
extending South 77 degrees 54 minutes West along said land now or late of Raymond V. and Mary D.
Herman a distance of 80.91 feet to a point in line of land now or late of The Atlantic Refining Company;
thence extending North 12 degrees 11 minutes West along said land now or late of The Atlantic
Refining Company a distance of 134.51 feet to a point on the south side of Market Street; thence North
83 degrees 54 minutes East along the south side of said Market Street, a distance of 81.8 feet to the point
and place of BEGINNING.
TRACT NO. 3:
BEGINNING at a point on the western lines of South 32nd Street (U.S. Route Nos. 11 and 15) (80 feet
wide) said point being 126.36 feet South of the intersection of the western line of South 32nd Street and
the southern line of Market Street (50 feet wide) (both extended); extending thence (1) along the western
line of South 32~ Street, South 12 degrees 6 minutes East 91 feet to an iron pipe at a corner of land now
or late of Emory Armstrong Fisher; thence (2) along said land, South 77 degrees 54 minutes West 80.2
feet to an iron pipe, a comer; thence (3) still along said land of Fisher and along land known now or late
as No. 3209 Market Street, North 12 degrees 6 minutes West 91 feet to a corner of land now or late of
The Atlantic Refining Company; and thence (4) along said land North 77 degrees 54 minutes East 80.2
feet to the first mentioned point and place of BEGINNING.
THE ABOVE DESCRIBED PARCELS COMBINED ARE DESCRIBED BY ITS PERIMETER
DESCRIPTION PER ALTA/ACSM LAND TITLE SURVEY PREPARED BY HARTMAN &
ASSOCIATES, DATED OCTOBER 3 I, 2000, PROJECT #00133.
ALL THAT C~TAIN TRACT C~R PARCEL C~ LAND SaTUAT[ ON THE S~<JTHWEST CORNE~ OF
STREET AND SOU~-I .32ND STREET, CAMP HILL BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA, BE]NO
MORE ~ARllCULARLY .BOUNDED AND DESCRIEIED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERN RI:)HT-OF-WAY UNE OF MARKET STREET (S.R. 1(~f~) A
RF'i'Y-FOOT (50~) WIDE PUBUC RIGHT-OF-WAY AT THE WES'I~RN ENO.OF CUR~4~: C~INEC~NG THE
SOUTHERN RIGHT-OF-WAY UNE OF MARKET STREET TO THE WESTERN RIGHT-Of-WAY UNE OF MARKET
STREET TO THE WESTERN RIGHT-OF-WAY UNE OF SGHTH 32ND STREET (S.R. 0011); A ONE
HUNORED-FOOT (100') WIDE; THENC~ IN A SOUl,EASTERLY .OIRECllON ALONG THE AFOREMEN~IONED
RIGHT-OF-WAY CURVE, CURVING TO IHE RIGHT, HA~ING A RADIUS OF FIFTY-FEET (R - 50,00'), AN
ARC LENGTH OF SEVENTY-11~REE AND SEVENTY;FOL!R HUNDRED~I~S FEET (L ~ 7'3.74') , AND A
C~ORD BEARING OF SCX}~I FIFTY-FOUR DEGREES, Tiro MINUTE:S, TWENTY-ONE S~CONDS EAST, A
DISTANCE OF SIXTY-~N AND 'I~VENTY-FOUR HUNDREDTHS ~-~.~.l (C~D -,.S. 54' 02' 21' E., 67.24.~
TO A POINT ON THE 9~:STERN RIGHT-OF-WAY UNE OF SOUTH 32ND STREET; THENCE: ALONG SAID
RIGHT-OF-WAY SOUTH ELEVEN DEGREES. FORTY- SEVEN M1NU~:S, 'i~A~NTY-ONE SECONDS EAST
11' 47* 21' E.) A DfSTANCE OF ONE HUNOREO SE~4!:NTY-ONE AND E]GHTY-~X HUNDREDTHS FEET
(171,86') TO A PIPE (FOUNO) AT LANDS NOW OR LATE: OF TALPIER AS~ATES, LP,; THENCE ALONG
SAID LAN:) SOUTH SEVENTY-EIGHT DEGREES, Fir Ir.t.N MINUTES, . ONE 'SECOND WEST (S. 78' ~§' 01'
A DISTANCE OF SEVENTY--NINE AND TWENTY-FI~E: HUNOREOTHS FEET (79.257 TO A POINT; ~14ENC~:
ALONG THE SAME NORTH ELEVEN DEGREES. THIRTY-EIGHT MINUTES, FORTY-NINE SECON:)S .WEST (N.
11' 5' 4g' W.) A DISTANCE OF TWENTY-FOUR AND ~ENTY-FOUR HUN:)REDI~IS FEET (24.24'~ TO AN
IRON PIN (FOUND): THENCE ALONG THE SAME SOUTH EIGHTY-ONE DEGREES. THIRTY-THREE MfNUTES,
~HIETY-ONE S~:CONDS ~E:ST (S. 81' .13' 31' W.) A DISTANCE OF SE-VE'N.TY-TtVO AND ~:NTY-TWO
HUN:)RED~HS FEET (72.22') TO AN lEON PIN (FOUND): THENCE ALONG THE SAME SOUTH' FIVE
DEGREES. THIRTY--SE."VEN MINUTES, THIRTY--FIVE SECONDS EAST (S. 05' 37' ,t5' E.) A DISTANCE OF
RF'EEN FEET (15.00') TO A POINT; THENCE ALONG THE SAME SOUTH E]:)HTY-TWO DEGREES, fiFTEEN
MINU~:S, FORTY-N/NE SECONDS.WEST (S. 82; 15' 4g' W.) A DISTANCE OF EIGHT
HUNDREDTHS FEET (8.7?') TO A POINT; THENCE ALONG THE SAME SOUTH EIGHTY-TWO OEGRE~S,
FOURTEEN MlhtUTES, TWENTY-TWO SECONDS WEST (S. 82' 14' 22' W.) A DISTANCE OF S~'~'ENTY-NIHE
ANO EIGhTY-THREE HUNOEEOTHS FEET (79.8,1") TO AN IRON pIN (FOUND); THENCE ALONe THE SAME
SOUI~ E:LLr~ DECREE:S, THIRTY-OldE MINUTES, T~NTY--~AO SECONDS EAST (S. 11' ,11' 22' E.) A
DISTANCE OF SE~TY-FI~: AND TW~:NTY--T~ HUNOREDTHS FEE:T (75.22°) TO A POINT. AT L~NDS
· NOW ~ I.~ OF DANIEL M. d0NES: ~11ENC~ ALONG ~lO ~D ~ ~-~R~
a~ HUND~S ~ (18.1S') ~ ~ IR~ ~N (F~ND) AT ~OS ~W ~ ~ OF SCO~
LNRO i ~ ~O ~lO ~NO NOR~ ~X OE~EE~ ~T MINU~S, ~-~X ~C~OS
(N. ~' ~' 26' W.) A DI~ OF ~ HUNDRED NIN~-F~R ~O R~ ~S ~
~E S~N RI~T-~-WAY UNE ~ MARKET S~ NOR~ EI~I r-~
MINU~S. ~IR~-NINE SECONDS ~5T (N 8~' ~2' ~9' E) A DI~ ~ ~[ ~0
UNE OF MARKET S~ TO ~E ~N RIGHT-OF-WAY MNE ~ S~ ~D SlH~L
~ ~ffiNNINO,
C~TNNING: 52534.57 S~E ~ET ~ 'L2060 ACRE[
BffiNO ~0~ AS: 3201. 3215. AND 3~I UAR~T S~
C~P HI~ FA 17011
- · (TAX P~C~ 21-273-364. 365. AND 566)