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Home My WebLink About05-0539 o STIPULATION AGAINST LIENS 114 ASSOCIATES, a Pennsylvania General Partnership IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Owner v. NO. or -.t2? MLD 2005 LEE A. HOFFER CO., a Pennsylvania General Partnership Contractor WHEREAS, 114 ASSOCIATES, a Pennsylvania General Partnership having its place of business at 110 Sunset Avenue, Harrisburg, Pennsylvania 17112 (hereinafter called "Owner"), is about to execute contemporaneously herewith a contract with LEE A. HOFFER CO., a Pennsylvania General Partnership having its place of business at 110 Sunset Avenue, Harrisburg, Pennsylvania 17112 (hereinafter called "Contractor"), for the construction and making of improvements to the office building structure (the "Work") situate upon the land identified and described as follows: ALL THAT CERTAIN lot of ground situate in Silver Spring Township, Cumberland County, Pennsylvania, being more particularly identified, bounded and described in Exhibit "A" attached hereto and incorporated herein (the land and improvements thereon are hereinafter collectively called the "Premises"). NOW, January 'J , 2005, at the time of and immediately before the execution of the principal contract for the Work (hereinafter called the "Contract"), and before any authority has been given by Owner to Contractor to commence the Work at the Premises, or to purchase materials for the same, in consideration of the making of the Contract with Contractor and the further consideration of One and 00/100 ($1.00) Dollar, to Contractor paid by Owner, it is agreed that no lien shall be filed against the Premises and the improvements to be constructed and made thereon and thereto, by Contractor, any subcontractor, any of the materialmen or workmen, or any other person, for any labor provided or materials purchased, or for extra labor provided or materials purchased for the Work, the right to file such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. WITNESS: OWNER: 114 ASSOCIATES, a Pennsylvania General Partnership ~J-- By: ~~" Norman K.A. Hoffer, General Partner WITNESS: CONTRACTOR: LEE A. HOFFER CO., a Pennsylvania General Partnership ~~, By: ~ Matthew D. Hoffer, General Partner 2 EXHIBIT "A" STIPULATION AGAINST LIENS BETWEEN 114 ASSOCIATES AND LEE A. HOFFER CO. ALL THAT CERTAIN lot or tract of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern right-of-way line of Hogestown Road (S.R. 0114), said point also being a point on the southern right-of-way line of Carlisle Pike (S.R. 0011); thence along said southern right-of-way line of Carlisle Pike South 87 degrees 21 minutes 04 seconds East, a distance of 254.90 feet to a point on lands of now or formerly Phico Realty Corp.; thence leaving said right-of-way line of Carlisle Pike and along said lands of now or formerly Phico Realty Corp. South 02 degrees 38 minutes 56 seconds West, a distance of 327.89 feet to a point; thence continuing along said lands South 87 degrees 35 minutes 49 seconds East (incorrectly shown on the Subdivision Plan dated August II, 2004 recorded in the Recorder's Office in and for Cumberland County in Plan Book 89, Page 125 referenced below as South 25 degrees 58 minutes 07 seconds East), a distance of 248.78 feet to a point; thence continuing along said lands South 02 degrees 24 minutes II seconds West, a distance of 409.09 feet to a point; thence continuing along said lands South 15 degrees 36 minutes 01 second East, a distance of 1,159.64 feet to a point; thence continuing along said lands South 66 degrees 26 minutes 36 seconds West, a distance of 1,089.90 feet to a point; thence continuing along said lands North 23 degrees 33 minutes 24 seconds West, a distance of 100.00 feet to a point; thence continuing along said lands North 65 degrees 06 minutes 39 seconds West, a distance of295.00 feet to a point; thence continuing along said lands South 72 degrees 53 minutes 20 seconds West, a distance of 282.50 feet to a point, said point being the comer of lands of now or formerly Phico Realty Corp. and Lot lA, other lands of now or formerly Phico Insurance Company, as shown in the hereinafter mentioned Plan of Lots; thence along said Lot IA North 27 degrees 27 minutes 55 seconds East, a distance of 46.81 feet to a point; thence continuing along said Lot lA North 02 degrees 22 minutes 54 seconds West, a distance of 81.24 feet to a point; thence continuing along said Lot lA North 24 degrees 23 minutes 23 seconds East, a distance of 194.40 feet to a point; thence continuing along said Lot IA North 65 degrees 15 minutes 49 seconds West, a distance of 174.93 feet to a point, said point being a point on the eastern right-of-way of Hogestown Road (S.R. 0114); thence along said right-of-way line of Hogestown Road (S.R. 0114) North 24 degrees 44 minutes II seconds East, a distance of 1,633.07 feet to a point; thence continuing along said right-of-way line South 87 degrees 35 minutes 49 seconds East, a distance of 20.97 feet to a point; thence continuing along said right-of-way line North 24 degrees 54 minutes 26 seconds East, a distance of 356.10 feet to a point, said point being the place of BEGINNING. Containing 2,187,646.08 square feet (50.2214 acres), more or less. Said Parcel of land being Lot No. I in the Subdivision Plan of Phico Daycare Center dated August 11, 2004 and recorded in the Recorder's Office in and for Cumberland County in Plan Book 89, Page 125. Exhibit "A" - Page 3 Said Parcel also being described as follows: ALL THAT CERTAIN lot or piece of ground situate in Silver Spring Township, eumberland eounty, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at the southeast comer of the intersection of Hogestown Road (SROI14) and earlisle Pike (SROOll); thence along the southern right of way line of Carlisle Pike South 87 degrees 19 minutes 55 seconds East 254,90 feet to a point; thence by Lot 2 of the below referenced plan oflots the following courses and distances: (I) South 02 degrees 40 minutes 05 seconds West 327.89 feet to a concrete monument; (2) South 87 degrees 34 minutes 40 seconds East 248,78 feet to a concrete monument; (3) South 02 degrees 25 minutes 20 seconds West 409,09 feet to a concrete monument; (4) South IS degrees 34 minutes 52 seconds East 1159.64 feet to a concrete monument; (5) South 66 degrees 02 minutes 45 seconds West 1089.90 feet to a concrete monument; (6) North 23 degrees 32 minutes 15 seconds West 100.00 feet to a c,m,; (7) North 65 degrees 05 minutes 30 seconds West 295.00 feet to a c.m.; (8) South 72 degrees 54 minutes 30 seconds West 328.00 feet to an iron pin at comer of lands now or formerly of Harry and Peter Miller; thence along said lands of Miller North 63 degrees 30 minutes 02 seconds West 114.00 feet to a point; thence continuing along said lands North 67 degrees 15 minutes 03 seconds West 63.10 feet to an iron pin on the eastern right of way line of Hogestown Road (SR 00114); thence along said eastern right of way line of Hogestown Road the following courses and distances: (1) North 24 degrees 45 minutes 20 seconds East 82.01 feet to an iron pin; (2) North 24 degrees 45 minutes 20 seconds East 1893.63 feet to a point; (3) South 87 degrees 34 minutes 40 seconds East 20.97 feet to a point; (4) North 24 degrees 55 minutes 35 seconds East 356.10 feet to a point, the point and place of BEGINNING. BEING Lot No, 1 on a Final Limited Subdivision Plan for PHIeO Group, Inc. dated June 14, 1994, and recorded in Plan Book 68, Page 62. BEING PART of the land described as Tract No, I in that certain Deed from PHIeO Group, Inc., to PHIeO Insurance Company dated August 14, 2000, and recorded in the eumberland eounty Recorder of Deeds Office in Deed Book 227, Page 132. Exhibit "A" - Page 4 ...., 0 {~~ c:? -1'\ ~ (oJ' .-\ \'J <- :t:-n - ':J;';"" -;::;J Ii Vt ~ pif.;.:'': _r)rn \V- ", ~l-f CJ \) 0> ".?,CJ , .' ?,~)>~ lr) \) ""<j ~ ( , --., i}n G""" 'IV ~ ~"~ 0 ,..,{ V\ ~~:.- Q :., r<) ~):J W -~ IV ,-<: Q C/ "'C -t\ f --L 0 L- oS 3 M -