HomeMy WebLinkAbout04-5976SLATE HILL MENNONITE CHURCH
Owner-Plaintiff
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SKELLY CONSTRUCTION SERVICES, INC.
Contractor-Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MECHANICS' LIEN
NO.
STIPULATION AGAINST LIENS
The undersigned contractor, materialman or other entity or person fumishing services, labor or
materials, known as SKELLY CONSTRUCTION SERVICES, INC., a Pennsylvania corporation (the
"Contractor") intending to be legally bound, and in consideration of the sum of ONE DOLLAR ($1.00)
to it in hand paid by SLATE HILL MENNONITE CHURCH ("Owner") the receipt whereof is hereby
acknowledged, for itself and any subcontractors, materialmen, laborers or anyone else acting through or
under it, covenants and agrees that no mechanics' or materialmen's liens or claims shall be filed or
maintained by it, them or any of them, against the real estate described in Schedule "A" attached hereto
and made a part hereof, or against any buildings or other improvements thereon (jointly and severally, the
"Real Estate"), for or on account of any work to be done or materials furnished under the principal
contract between Owner and Contractor, dated ~. ,tr~l~; , 2004, or under any
supplemental contract, verbal or written, or contract for extra work or materials relating to and work to be
done or material furnished under said principal contract. The undersigned, for itself, its subcontractors,
materialmen, laborers and anyone else acting or claiming through or under it, hereby waives and
relinquishes all right to file a mechanics' lien, claim or notice of intention to file any lien or claim against
the Real Estate.
The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting
under or through it, hereby irrevocably authorizes and empowers any attorney of any court of competent
jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appear as attorney for it, them or any
of them, in any such court and, in its or their name or names, mark satisfied of record at the cost and
expense of the undersigned, any and all claims, liens, any pleading or instrument, or any amendment to
any pleading or instrument previously filed by it or them, to incorporate therein as part of the record this
waiver and for such act or acts this waiver shall be good and sufficient warrant and authority, and the
undersigned for itself, and for them, does hereby remise, release and quit-claim all rights and all manner
of errors, in filing such pleading, instrument or amendment, or in any way concerning them.
Owner shall have the absolute right in their name(s) or in the name of the undersigned or any
other entity or person who shall have filed a claim or lien, to cause any and all such claims or liens to be
discharged by any other instrument, pleading or proceeding permitted at law or in equity.
The undersigned hereby avers, represents and warrants that no work has commenced on the Real
Estate and no labor or materials have been delivered to the Real Estate or furnished for the improvement
of the Real Estate by the undersigned or by any subcontractor, materialman, laborer, or other person or
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entity, and that no authorization has yet been given by the Owner to the undersigned to commence work
or purchase materials in connection with the Real Estate.
This Stipulation is made and intended to be filed with the Cumberland County Prothonotary in
accordance with the requirements of the Mechanics' Lien Law of 1963 of the Commonwealth of
Pennsylvania.
IN WITNESS WHEREOF, the undersigned have caused this instrument to be duly executed as of
the ~*/¢~ day of .l~JO~/~ff~t~. ,2004.
WITNESS:
WITNESS/ATTEST:
OWNER:
SLATE HILL MENNONITE CHURCH:
Title: Chair
CONTRACTOR:
SKELLY CONSTRU~2J~J~ON SERVICES, INC.
Title~ ?~ 5 t 0
Schedule A
Legal Description of the Real Prope~y
ALL THOSE CERTAIN tracts or parcels of land located in Lower Allen Township, Cumberland
County, Pennsylvania, as described on a Final Land Development ;md Subdivision Plan for Slate Hill
Mennonite Church prepared by Alpha Consulting Engineers, Inc., dated June 16, 2004, and most recently
revised on September 3, 2004, as follows:
Tract 1
BEGINNING at an iron pin found at a point in common with lands now formerly of Kenneth K.
and Lena G. Hart, said point being the southeastemmost comer of 'tract 1; thence along lands now or
formerly of Kenneth K. and Lena G. Hart the following two courses ~md distances: (1) South 77 degrees
09 minutes 19 seconds West, a distance of413.11 feet to an iron pipe; (2) North 15 degrees 40 minutes
41 seconds West, a distance of 194.97 feet to an iron pin; thence along other lands of Slate Hill
Mennonite Church the following three courses and distances: (1) North 71 degrees 00 minutes 06
seconds East, a distance of 101.89 feet to a point; (2) North 71 degrees 08 minutes 49 seconds East, a
distance of 229.68 feet to a railroad spike; (3) South 34 degrees 53 minutes 33 seconds East, a distance of
247.82 feet to an iron pin, being the point and place of BEGINNING.
BEING Cumberland County Tax Parcel No. 10-258-03-01.
Tract 2
BEGINNING at an iron pin found at a point in common with lands now or formerly of Kenneth
K. and Lena G. Hart and other lands of Slate Hill Mennonite Church, such point being the
southwestemmost comer of Tract 2; thence along said lands now or fbrmerly of Kenneth K. and Lena G.
Hart, the following course and distance: North 15 degrees 40 minutes 41 seconds West, a distance of
591.55 feet to an iron pin; thence along lands now or formerly of Kenneth K. Hart the following course
and distance: North 67 degrees 17 minutes 49 seconds East, a distance of 100.55 feet to a point; thence
along other lands of Slate Hill Mennonite Church the following three courses and distances: (1) South
15 degrees 33 minutes 18 seconds East, a distance of 262.68 feet to a point; (2) South 16 degrees 06
minutes 11 seconds East, a distance of 335.28 feet to a point; (3) South 71 degrees 00 minutes 06 seconds
West, a distance of 101.89 feet to an iron pin, being the point and place of BEGINNING.
BEING Cumberland County Tax Parcel No. 10-258-03-02.
Tract 3
BEGINNING at an iron pin found at a point in common with lands now or formerly of Kenneth
K. and Lena G. Hart and other lands of Slate Hill Mennonite Church, said point being the
southeasternmost comer of Tract 1 described herein; thence along other lands of Slate Hill Mennonite
Church the following four courses and distances: (1) North 34 degrees 53 minutes 33 seconds West, a
distance of 247.82 feet to a railroad spike; (2) South 71 degrees 08 minutes 49 seconds West, a distance
of 229.68 feet to a point; (3) North 16 degrees 06 minutes 11 seconds West, a distance of 335.28 feet to a
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point; (4) North 15 degrees 33 minutes 18 seconds West, a distance of 262.68 feet to a point; thence
along lands now or formerly of Kenneth K. Hart the following course', and distance: North 67 degrees 38
minutes 18 seconds East, a distance of 473.96 feet to an iron pin located on the southern right-of-way line
of Slate Hill Road (S.R. 21024); thence along the southern right-of-way line of Slate Hill Road the
following course and distance: South 66 degrees 09 minutes 00 secortds East, a distance of 291.09 feet to
a point; thence along lands now of National Properties the following three courses and distances: (1)
South 12 degrees 40 minutes 00 seconds West, a distance of 345.66 feet to a point; (2) South 40 degrees
03 minutes 00 seconds West, a distance of 316.59 feet to an iron pipe; (3) South 36 degrees 23 minutes
22 seconds East, a distance of 447.80 feet to a point located on the northern right-of-way line of Lisburn
Road (S.R. 21014); thence within the right-of-way of Lisburn Road the following course and distance:
South 24 degrees 41 minutes 49 seconds West, a distance of 38.76 fbet to a point in the bed of Lisburn
Road; thence through the right-of-way of Lisburn Road and along lands now or formerly of Kenneth K.
and Lena G. Hart the following course and distance: North 36 degr'ees 05 minutes 41 seconds West, a
distance of 257.95 feet to an iron pin, being the point and place of BEGINNING.
BEING Cumberland County Tax Parcel No. 10-258-04.
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