HomeMy WebLinkAbout14-3566 -3.; o6 AVJ�)
PREPARED BY AND RETURN TO:
Matthew C. Samley, Esquire
REESE, SAMLEY, WAGENSELLER, MECUM & LONGER, P.C. t, P-o
120 North Shippen Street �= '
Lancaster PA 17602 mcg
(717) 393-0671 z` rr
Tax Account Nos: 38-07-0459-126; 38-19-1614-005; Cf)r- —
38-07-0459-125; 38-07-0459-040
>C—) r-
WAIVER OF LIENSA
WHEREAS, JJLH Associates, Ltd., a Pennsylvania limited liability company, ("Owner") owns
property located along Carlisle Pike and Commerce Drive, Silver Spring Township, Cumberland
County, Pennsylvania.
WHEREAS, Owner entered into a contract dated May 12, 2014 ("Contract") with
Professional Design & Construction, Inc., a Pennsylvania corporation with its principal place of
business located at 61 Church Street, Landisville, PA 17538, to provide materials and perform labor
necessary for the erection of buildings situate upon those certain lots or pieces of ground located
along Carlisle Pike and Commerce Drive, Silver Spring Township, Cumberland County,
Pennsylvania, further identified and more fully described in the legal description through a deed
recorded at the Cumberland County Recorder of Deeds Office in Instrument No. 201404493, a copy
of which is attached hereto and incorporated by reference.
NOW, THEREFORE, it is hereby stipulated and agreed by and between the parties, as part
of the Contract and for the consideration therein set forth, that neither the undersigned contractor,
any subcontractor, or materialman, nor any other person furnishing labor or materials to the
contractor under the Contract may file a lien, commonly called a mechanics' lien, for work done or
materials furnished to the said building or any part thereof of the site which would comprise the
future building.
This agreement waiving the right of lien shall be an independent covenant and shall operate
and be effective as well with respect to work done and materials furnished under any supplemental
contract for extra work in the erection, construction and completion of the building(s) or other
improvements as to any work and labor done and materials furnished under the contract aforesaid.
Contractor hereby represents and warrants that prior to the date hereof no work has been
done and no materials have been furnished with regard to the construction which is the subject of
the Contract or with regard to any supplemental contract, verbal or written, or contract for extra work
in or about the erection, construction and completion of any building(s) or other improvements on the
above-described property.
In order to give Owner full power and authority to protect itself, the above-described property,
the building(s) or other improvements to be erected and constructed thereon against any and all
liens or claims filed by the Contractor or anyone acting under or through it in violation of the
foregoing covenant by Contractor, the Contractor hereby irrevocably authorizes and empowers any
attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear as
attorney for it, them, or any of them, in any such Court, and in its or their name or names, (a) to the
extent permitted by law, to mark satisfied of record at the cost and expense of Contractor or of any
subcontractor, laborer or material supplier, any and all claims or liens filed in violation of the
foregoing waiver and covenant, or (b) to cause to be filed and served in connection with such
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claims or liens filed in violation of the foregoing waiver and covenant, or (b) to cause to be filed
and served in connection with such claims or liens (in the name of Contractor or any
subcontractor, laborer or material supplier, or anyone else acting under or through it) 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 the waiver contained in this instrument, and
for such act or acts this instrument shall be good and sufficient warrant and authority, and a
reference to the court, term and number in which and where this Waiver of Liens shall have
been filed shall be sufficient exhibit of the authority herein contained to warrant such action, and
the Contractor for itself and for them does hereby remise, release, and quit-claim all rights and
all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in
filing such pleading, instrument or amendment, or in any way concerning them.
This stipulation is made and intended to be filed with the Prothonotary for the County of
Lancaster, Commonwealth of Pennsylvania in accordance with the requirements of Section 402
of the Mechanics' Lien Law of 1963, codified at 49 P.S. Section 1402 (Purdon 1965), of the
Commonwealth of Pennsylvania in such case provided.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have set
their hands and seals this 12-41 day of , 2014.
WITNESSES: CONTRACTOR:
PROFESSIONAL DESIGN &
CONSTRUCTION, INC.
By: 2
Glenn J. 1 I, President
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF LANCASTER
On this, the 12T'_1 day of d l.1tJf✓ 2014 before me, the undersigned
officer, personally appeared Glenn J. Frill, who acknowledged himself to be the President
of Professional Design & Construction, Inc., a Pennsylvania corporation, and that he, as such
President, being authorized to do so, executed the foregoing Waiver of Liens for the purposes
therein contained by signing the name of the corporation by himself as such President and
desired that the same might be recorded as such.
IN WITNESS WHEREOF, I hereunder set my hand and official seal.
Notary Public
COMMOWWALTH i> PENNSYLV'AtN/►
NOTARIAL SEAL
HOPE S.GLIDDEN,Notary Public
Lancaster City,Lancaster County My Commission Expires:
My Commiss on Expre�May 3,2016
TAMMY SHEARER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013 =
717-240-6370
Instrument Number-201404493
Recorded On 3/4/2014 At 10:48:56 AM *Total Pages-8
*Instrument Type-DEED
Invoice Number-157144 User ED-BMM
*Grantor-LITITZ PROPERTIES LLC
*Grantee-JJLH ASSOCIATES LTD
*Customer-COMMUNITY SETTLEMENT
*FEES
STATE TRANSFER TAX $17,000.00 Certification Page
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $23.50 DO NOT DETACH
JUSTICE
RECORDING FEES - $17.50 ThisnoW e a is art
RECORDER OF DEEDS P g P
PARCEL CERTIFICATION $60.00 of this legal document.
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
CUMBERLAND VALLEY $8,500.00
SCHOOL DISTRICT
SILVER SPRING $8,500.00
TOWNSHIP
TOTAL PAID $34,118.00
I Certify this to be recorded
in Cumberland County PA
ort cuye
a�
0
RECORDER OF DEEDS
rsao
*-Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
0I0351XJ I++
II�III� IIIIIIIIII�IIIIII
00351X
Prepared by and Return to:
Community Settlement LLC
112 Market Street,5th Floor
Harrisburg,PA 17101
Phone: 717.234.2666
Parcel ID Nos.38-07-0459-126; 38-19-1614-005;
38-07-0459-125; 38-07-0459-040
Ebpto bleb
made the day of February,2014,
36etbieen
LITITZ PROPERTIES, LLC, a Pennsylvania limited liability company ("Lititz"),
and SUSQUEHANNA BANK, successor by merger to SUSQUEHANNA BANK PA,
a Pennsylvania financial institution(the"Bank"),
(hereinafter called the Grantors),of the one part, and
JJLH ASSOCIATES,LTD,a Pennsylvania limited partnership,4437 Street Road,
Trevose,Pa 19053
(hereinafter called the Grantee), of the other part,
VitTICO db, that the said Grantors for and in consideration of the sum of ONE MILLION SEVEN
HUNDRED THOUSAND AND 00/100 Dollars ($1,700,000.00) lawful money of the United States of
America, unto them well and truly paid by the said Grantee, at or before the sealing and delivery hereof,
the receipt whereof is hereby acknowledged, to the following actions:
Lititz has granted, bargained and sold, released and confirmed, and by these presents does grant and
convey unto the Grantee, its successors and/or assigns, the following described properties (the "Lititz
Properties")
PARCEL 38-07-0459-126
ALL THAT CERTAIN tract of land situated in Silver Spring Township, County of
Cumberland and State of Pennsylvania, located approximately 760' south of the
intersection of the Carlisle Pike (SR 0011) and Commerce Drive (T-548), more fully
bounded and described as follows;
BEGINNING on the southerly legal right-of-way line of Carlisle Pike (SR 0011);
thence along said right-of-way along a curve to the right having a radius of 5692.64
feet, a tangent of 91.53 feet, a length of 183.03 feet, a delta of 01 degree 50 minutes 32
seconds and a chord bearing of North 72 degrees 25 minutes 07 seconds East to a
point; thence along said right-of-way line North 13 degrees 56 minutes 30'seconds
West a distance of 8.38 feet to a point; thence North 76 degrees 03 minutes 30 seconds
East a distance of 371.30 feet to a point; thence along lands of Albert L. Gaskin South
20 degrees 53 minutes 03 seconds East a distance of 229.77 feet to a point; thence along
said lands South 28 degrees 27 minutes 51 seconds West a distance of 6.71 feet to a
point; thence along said lands of South 74 degrees 20 minutes 51 seconds West a
distance of 436.27 feet to a point; thence along lands of Woods Drive Associates Lot l B
North 72 degrees 47 minutes 19 seconds West a distance of 93.57 feet to a point; thence
along lands of Eugene H. Potteiger North 32 degrees 54 minutes 34 seconds West a
distance of 187.86 feet to the place of the BEGINNING.
Containing 124,246 SF,2.85 Acres.
BEING Lot #1C on a Subdivision Plan for Wood's Drive Associates, prepared by Herbert,
Rowland & Grubic, Inc., Engineering & Related Services, recorded December 19, 2002 in
the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 86, Page
70.
BEING THE SAME PREMISES which Tax Claim Bureau by its deed dated November 15,
2011 and recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania on November 21, 2011 in Instrument No. 201132305, granted and conveyed
unto Lititz Properties, LLC, the Grantor herein.
PARCEL 38-07-0459-125
ALL THAT CERTAIN tract of land situated in Silver Spring Township, County of
Cumberland and State of Pennsylvania, located at the intersection of the Carlisle Pike (SR
0011) and Commerce Drive (T-548), more fully bounded and described as follows;
BEGINNING on the southerly legal right-of-way line of Carlisle Pike (SR 0011); thence
along said right-of-way North 67 degrees 08 minutes 30 seconds East a distance of 281.33
feet to a point; thence along a curve to the right having a radius of 5682.63 feet, a length of
9.42 feet, a delta of 00 degrees 05 minutes 42 seconds and a chord bearing of North 67
degrees 12 minutes 09 seconds East to a point; thence along lands of Woods Drive
Associates Lot 1B South 22 degrees 51 minutes 30 seconds East a distance of 698.43 feet to
a point; thence along lands of American Sedona Partners LP South 49 degrees 38 minutes
56 seconds West a distance of 185.94 feet to a point; thence along the right-of-way of
Commerce Drive (T-548) North 40 degrees 21 minutes 04 seconds West a distance of 327.09
feet to a point; thence along said right-of-way North 49 degrees 38 minutes 56 seconds East
a distance of 5.00 feet to a point; thence continuing along said right-of-way along a curve to
the right having a radius of 970.00 feet, a tangent of 149.23 feet, a length of 296.15 feet, a
delta of 17 degrees 29 minutes 34 seconds and a chord bearing of North 31 degrees 36
minutes 17 seconds West to a point; thence North 22 degrees 51 minutes 30 seconds West a
distance of 124.30 feet to a point; thence along said right-of-way along a curve to the right
having a radius of 25.00 feet, a tangent of 25.00 feet, a length of 39.27 feet, a delta of 90
degrees 00 minutes 00 seconds and a chord bearing of North 22 degrees 08 minutes 30
seconds East to a point being the point of BEGINNING.
Containing 200,865 SF, 4.61 Acres.
BEING Lot #1 on a Subdivision Plan for Wood's Drive Associates, prepared by Herbert,
Rowland & Grubic, Inc., Engineering & Related Services, recorded December 19, 2002 in
the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 86, Page
70.
BEING THE SAME PREMISES which the Tax Claim Bureau by its deed dated November
15, 2011 and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania on November 21, 2011 in Instrument No. 201132301, granted and
conveyed unto Lititz Properties, LLC, the Grantor herein.
PARCEL 38-07-0459-040
ALL THAT CERTAIN tract of land situated in Silver Spring Township, County of
Cumberland and State of Pennsylvania, located approximately 350' south of the
intersection of the Carlisle Pike (SR 0011) and Commerce Drive (T-548), more fully
hounded and described as follows;
BEGINNING on the southerly legal right-of-way line of Carlisle Pike (SR 0011); thence
along said right-of-way along a curve to the right having a radius of 5682.63 feet, a length
of 65.21 feet, a delta of 00 degrees 39 minutes 27 seconds and a chord bearing of North 67
degrees 34 minutes 44 seconds East to a point; thence continuing along said right-of-way
line North 22 degrees 06 minutes 21 seconds West a distance of 1.0.00 feet to a point; thence
along a curve to the right having a radius of 5692.64 feet, a tangent of 113.34 feet, a length
of 226.65 feet, delta of 02 degrees 16 minutes 52 seconds and a chord bearing of North 69
degrees 01 minute 57 seconds East to a point; thence along lands of Eugene H. Potteiger
South 22 degrees 54 minutes 34 seconds East a distance of 183.58 feet to a point; thence
along said lands North 70 degrees 35 minutes 26 seconds East a distance of 164.50 feet to a
point; thence along lands of Woods Drive Associates Lot 1C South 72 degrees 47 minutes
19 seconds East a distance of 93.57 feet to a point; thence along lands of Albert L. Gaskin
South 32 degrees 54 minutes 34 seconds East a distance of 14.08 feet to a point; thence
along a curve to the right having a radius of 50.00 feet, a tangent of 19.70 feet, a length of
37.53 feet, a delta of 43 degrees 00 minutes 27 seconds and a chord bearing of South 11
degrees 24 minutes 21 seconds East to a point; thence along said lands South 74 degrees 20
minutes 51 seconds West a distance of 13.84 feet to a point; thence along said lands South
32 degrees 57 minutes 09 seconds East a distance of 229.08 feet to a point; thence along
lands of American Sedona Partners LP South 49 degrees 38 minutes 56 seconds West a
distance of 576.06 feet to a point; thence along lands of Woods Drive Associates Lot 1
North 22 degrees 51 minutes 30 seconds West a distance of 698.43 feet to a point being the
point of BEGINNING.
Containing 280,205 SF,6.43 Acres,
BEING Lot #IB on a Subdivision PIan for Wood's Drive Associates, prepared by Herbert,
Rowland & Grubic, Inc., Engineering & Related Services, recorded December 19, 2002 in
the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 86, Page
70.
BEING THE SAME PREMISES which the Tax Claim Bureau by its deed dated November
15, 2011 and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania on November 21, 2011 in Instrument No. 201132300, granted and
conveyed unto Lititz Properties,LLC,the Grantor herein.
The Bank has granted, bargained and sold, released and confirmed, and by these presents does grant and
convey unto the Grantee, its successors and/or assigns, the following described properties (the "Bank
Property")
PARCEL 38-19-1614-005
ALL THAT CERTAIN tract of land with the improvements thereon erected, situate
in Silver Spring Township, Cumberland County, Pennsylvania, bounded and
described as follows,to wit:
BEGINNING at a point on the south side of the Harrisburg-Carlisle Highway,known
as Pennsylvania State Highway Route No. 11, at the corner of a lane at land now or
late of George and Della J. Bergner; thence by said lane, South 33 degrees 15 minutes
East, 208 feet to an iron pipe on the west side of said lane; thence along said land now
or late of George and Della J. Bergner, South 70 degrees 15 minutes West, 164.5 feet
to a point; thence along other lands of Grantors herein, of which this tract was
formerly a part, North 23 degrees 15 minutes West 212 feet, more or les,to a point on
the south side of Harrisburg-Carlisle Highway aforesaid; thence along the south side
of said highway by a curve to the right having a radius of 3,819.8 feet, a distance of
125 feet with a chord bearing of North 74 degrees 24 minutes 00 seconds East to an
iron pipe at the corner of a lane at other lands now or late of George and Della J.
Bergner, aforesaid,the place of BEGINNING.
BEING THE SAME PREMISES which Reinhart Partners, L.P., by Deed in Lieu of
Foreclosure dated August 1,2012 and recorded in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania on October 31, 2012 in Instrument No.,
201236125 granted and conveyed unto Susquehanna Bank PA. By Articles of Merger
filed October 10, 2008, in the Office of the Secretary of the Commonwealth of
Pennsylvania, Susquehanna Bank PA, Susquehanna Bank DV and Susquehanna
Bank Maryland merged with and into Susquehanna Bank PA with the resulting bank
being named Susquehanna Bank,the Grantor herein.
TOgetbef bJttf) all and singular the buildings and improvements, ways, streets, alleys, driveways,
passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances,
whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions
and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim
and demand whatsoever of them,the said grantors, as well at law as in equity, of, in and to the same.
E0 babe drib t0 b0lb the said lot or piece of ground described above, with the buildings and
improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended
so to be, with the appurtenances, unto the said Grantee, its successors and assigns, to and for the only
proper use and behoof of the said Grantee, its successors and assigns, forever.
0111b Lititz Properties, LLC shall and will,with respect to the Lititz Properties,
�peciallp 19arrant anb ,foreber -Mefenb.
Rttb Susquehanna Bank shall and will,with respect to the Bank Respaiiir, Pr opt P-Yt
fteriallp Varrant anb jForeber Mefenb.
3JR VitriE00 lftrMf, the parties of the first part have caused this deed to be signed and sealed as
of the the day and year first above written.
Sealed And Delivered
in the presence of us:
LITITZ PROPERTIES, LLC, a Pennsylvania
limited liability company
By: Susquehanna Bank,its sole member
By: l,-16' ✓� {SEAL}
Robert E. Rahal, Senior Vice President
SUSQUEHANNA BANK, successor by merger
to SUSQUEHANNA BANK PA, a Pennsylvania
financial institution
By: _"/,/�i' ✓ � {SEAL}
Robert E. Rahal, Senior Vice President
;a
Commonwealth of Pennsylvania
County of Cumberland : ss
AND NOW, this L.Ld day of February, 2014, before me, the undersigned Notary Public,
appeared Robert E. Rahal, who acknowledged himself to be the Senior Vice President of Susquehanna
Bank, the sole member of Lititz Properties, LLC, a Pennsylvania limited liability company, and he, as
such officer, being 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 hereunder set my hand and official seal.
COMMONWEALTH OF PLNNSYLVANIA
NOTARIAL SEAL
DARLENE M YEAGER Notary Public Notary Public
MIDDLETON TWP.,CUMBERLAND COUNTY My commission expires S-
S
My Commission Expires May 11,2015
Commonwealth of Pennsylvania
County of Cumberland : ss
AND NOW, this X04day of February, 2014, before me, the undersigned Notary Public,
appeared Robert Rahal, who acknowledged himself to be the Senior Vice President of Susquehanna
Bank, successor by merger to Susquehanna Bank PA, a Pennsylvania financial institution, and he, as
such officer being authorized to do so, executed the foregoing instrument for the purposes therein
contained by signing the name of the Bank by himself as such officer.
IN WITNESS WHEREOF, I hereunder set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
DARLENE M YEAGER
Notary Public Notary Public
S MIDDLETON TWP..CUMBERLAND COUNTY M commission fres
My Commission Expires May 11,2015 y expires
G
I
DEED
Lititz Properties,LLC
and
Susquehanna Bank,successor by merger to Susquehanna
Bank PA
TO
MLH Associates,Ltd
Premises:
Parcel ID Nos.38-07-0459-126; 38-19-1614-005;
38-07-0459-125; 38-07-0459-040,Silver Spring Township,
Cumberland County,Pennsylvania
Community Settlement LLC
File No. 040-579
The address of the above- ame Grantee is:
4M:
On behalf of the Grantees
Recorded as Instrument No.
GIVEN under my hand and the seal of the said office,the date above written.
Recorder of Deeds
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