HomeMy WebLinkAbout14-7411 PREPARED BY AND RETURN TO: 7q 11 MLb
Matthew C. Samley, Esquire
REESE, SAMLEY, WAGENSELLER, MECUM & LONGER, P.C.
120 North Shippen Street
Lancaster PA 17602 rTJ
(717) 393-0671
Tax Account Nos: 38-07-0461-020; 38-07-0461-019; 38-07-0461-018 &
38-07-0461-021 B
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WAIVER OF LIENS
WHEREAS, JJLH Associates, Ltd., a Pennsylvania limited liability company, ("Owner") owns
property located at 6714-6720 Carlisle Pike, Silver Spring Township, Cumberland County,
Pennsylvania.
WHEREAS, Owner entered into a contract dated September 17, 2014, amended September
29, 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 at 6714-6720 Carlisle Pike, Silver Spring Township, Cumberland County,
Pennsylvania, further identified and more fully described in the legal description through the deed
recorded at the Cumberland County Recorder of Deeds Office in Instrument No. 201428728, 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 214U day of MfyneOL, 2014.
WITNESSES: CONTRACTOR:
PROFESSIONAL DESIGN &
CONSTRUCTIO NC.
By: � V
Glenn J. Frill, iFresident
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF LANCASTER :
On this, the ?Ay" day of 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.
COMMONWTAL.TH of PMtAYLVMaa
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NOTARIAL SEAQ. NotaHOPE S. ry
IDDENL ,Notary Pubk
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Commies E 3,216 My Commission Expires:
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Parcel ID No. 38-07-0461-018, 38-07-0461-019,
38-07-0461-020 and 38-07-0461-021 B
DEED OF CONSOLIDATION
THIS DEED is made the 111h day of December, 2014,
BETWEEN
JJLH ASSOCIATES, LTD., a Pennsylvania limited partnership ("Grantor"),
AND
JJLH ASSOCIATES, LTD., a Pennsylvania limited partnership ("Grantee"):
WITNESSETH
That the Grantor in consideration of One Dollar($1.00) paid by the Grantee to the Grantor,
the receipt whereof is hereby acknowledged, does hereby grant and convey unto the
Grantee:
ALL THAT CERTAIN tract or parcel of land and premises, situated, lying and being
in the Township of Silver Spring in the County of Cumberland and Commonwealth of
Pennsylvania, being shown on plan entitled, "Final Subdivision Plan for Faulkner
Automobile Dealership at 6714-6720 Carlisle Pike, Silver Spring Township,
Cumberland County, Pennsylvania", prepared by Alpha Consulting Engineers,
Incorporated, recorded with the Cumberland County Recorder of Deeds Office as
Instrument#201428694 (the "Plan"), being more particularly bounded described as
follows:
BEGINNING at a concrete monument found along the western right-of-way of Rich
Valley Road (SR 1009) and at lands now or formerly of JJLH Associates, LTD and
SCP 2009-C34-074 LLC; thence along lands now or formerly of SCP 2009-C34-074
LLC, Mark Simpson and Turkey Hill, LP, South 67 degrees 43 minutes 29 seconds
West a distance of 378.70 feet to a point; thence along lands now or formerly of
Turkey Hill, LP, South 17 degrees 11 minutes 46 seconds East a distance of 364.69
feet to a point at the northern right-of-way of the Carlisle Pike (SR 0011); thence
along said northern right-of-way, South 72 degrees 46 minutes 15 seconds West a
distance of 959.35 feet to a point at lands now or formerly of Cumberland Valley
School District; thence along multiple lands now or formerly of Cumberland Valley
School District the following four (4) courses and distances:
(A4184972:1)
1. North 24 degrees 25 minutes 52 seconds West a distance of 278.30 feet to a
point,
2. North 67 degrees 43 minutes 21 seconds East a distance of 462.20 feet to a
point,
3. North 24 degrees 23 minutes 57 seconds West a distance of 325.97 feet to an
iron pin found,
4. North 67 degrees 43 minutes 29 seconds East a distance of 897.39 feet to a
point at the western right-of-way of Rich Valley Road (SR 1009);
thence along said western right-of-way, South 30 degrees 47 minutes 45 seconds
East a distance of 60.63 feet to a point; thence along the same, by a curve to the
right having a radius of 1,870.05 feet, an arc length of 266.06 feet, a chord bearing
of South 26 degrees 43 minutes 08 seconds East a distance of 265.84 feet to a
point, being the place of BEGINNING.
CONTAINING 609,707 Square Feet (14.00 Acres) according to the Plan.
BEING the same premises which were granted and conveyed unto JJLH Associates,
Ltd., a Pennsylvania limited partnership, the Grantor and Grantee herein, pursuant to
the following deeds:
1. Deed from Cumberland Valley Motors, Inc., dated May 1, 2014 and recorded
with the Cumberland County Recorder of Deeds Office on May 6, 2014 as
Instrument No. 201409259; and
2. Deed from The Ullom Partnership, Ltd., dated May 1, 2014 and recorded with the
Cumberland County Recorder of Deeds Office on May 6, 2014 as Instrument No.
201409260.
UNDER AND SUBJECT, nevertheless, to all mortgages, liens, easements,
restrictions, encumbrances and other matters of record.
It is the intent of this description to consolidate former tax parcel numbers 38-
07-0461-018, 38-07-0461-019, 38-07-0461-020 and 38-07-0461-021 B into a
single lot, with the effect of eliminating one or more original lots of record.
The land area of the former tax parcels of record listed is completely
contained within the above described overall parcel which shall be considered
a single parcel for future subdivision, land transfer, land development and/or
building purposes.
This deed is being executed and recorded for the sole purpose of
consolidating the above-described tracts owned by the Grantor herein. This deed is
being made without consideration, confirming prior recorded documents and is
therefore an excluded transaction under Section 91.193(b)(4) of the Pennsylvania
Realty Transfer Tax Regulations.
iA4184972:1)
2
Grantor hereby covenants and agrees that Grantor will warrant SPECIALLY the
property hereby conveyed.
IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed as
of the day and year first written above.
GRANTOR:
Witness: JJLH ASSOCIATES, LTD.
By: HF Management, LLC, its Sole
G neral artner
B
D � v
y
Na : Robert E. Lewis
Title: Manager
{A4184972:1}
3
COMMONWEALTH OF PENNSYLVANIA :
SS:
COUNTY OF CUMBERLAND
On this, the 11th day of December, 2014, before me, a Notary Public, the
undersigned officer, personally appeared ROBERT E. LEWIS, who acknowledged himself
to be the Manager of HF MANAGEMENT, LLC, a Pennsylvania limited liability company
(the "Company"), said Company being the Sole General Partner of JJLH ASSOCIATES,
LTD, a Pennsylvania limited partnership (the "Partnership"), and that he as such officer,
being authorized to do so, executed the foregoing instrument for the purpose therein
contained by signing the name of the Company by himself as such officer in the Company's
capacity as Sole General Partner and as authorized by the Partnership.
IN WITNESS WHEREOF, I have here u to set y hand nd official seal.
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA (SEAL)
Notarial seal
Anne E,Marchand,Notary Public
City of Harrisburg,Dauphin County
My commission Expires Dec.2,2016
CERTIFICATION OF ADDRESS
I hereby certify that the precise address of the Grantee herein is:
4437 Street Road
Trevose, PA 19053
Attereey-er Agent for Grantee
IA4184972:1)
4
REV-183 EX(04.10)
. . pennsylvania REALTY TRANSFER TAX RECORDER'S USE ONLY
WPA"MM Of REWNUT.
BUREAU OF INDIVIDUAL TAXES
STATEMENT OF VALUE Slate Tax Paid
PO BOX 2606Q3 BookNumtx'r
HARRISBURG PA 17126-(16(13
See Reverse for Instructions Page Number
Date Recorded .2 —
Complete each section and file in duplicate with Recorder of Deeds when (1) the full value/consideration is not set forth in the deed, (2) the
deed is without consideration or by gift, or(3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt
from tax based on family relationship or public utility easement. If mores ace Is needed,attach additional sheets.
A. CORRESPONDENT—All inquires may be directed to the followin Orson:
Name e
Numbr
Telephone
Erik Hume, Es . McNees Wallace&Nurick LLC 717-2ne Number
Mailing Address J:Ha;r�s7burg
State ZIP Code
100 Pine Street, P.O. Bax 1166 PA 17108
B. TRANSFER DATA C. Date of Acceptance of Document
Grantor(s)/Lessor(s) Grantee(s)/Lessee(s)
JJLH Associates, Ltd. JJLH Associates, Ltd.
Mailing Address Mailing Address
4437 Street Road 4437 Street Road
City State ZIP Code City State ZIP Code
Trevose PA 19053 Trevose PA 19053
D. REAL ESTATE LOCATION
Street Address City,Township,Borough
6714-6726 Carlisle Pike Silver S rin Townshi
County School District Tax Parcel Number
Cumberland Cumberland Valley See Schedule A
E. VALUATION DATA—WAS TRANSACTION PART OF AN ASSIGNMENT OR RELOCATION? ❑ Y ® N
1.Actual Cash Consideration —2.Other Consideration 3.Total Consideration
$1.00 + N/A =$1,00
4.County Assessed Value 5.Common Level Ratio Factor 6.Fair Market Value
See Schedule A x .99 =See Schedule A
F. EXEMPTION DATA
1a.Amount of Exemption Claimed 1b.Percentage of Grantor's Interest in Real Estate 1c.Percentage of Grantor's Interest Conveyed
100% 100% 100%
Check Appropriate Box Below for Exemption Claimed
❑ Will or intestate succession
(Name of Decedent) (Estate File Number)
❑ Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.)
❑ Transfer from a trust. Date of transfer into the trust
If trust was amended attach a copy of original and amended trust.
❑ Transfer between principal and agent/straw patty. (Attach complete copy of agency/straw party agreement.)
❑ Transfers to the commonwealth,the United States and instrumentalities by gift, dedication, condemnation or in lieu of
condemnation. (If condemnation or in lieu of condemnation,attach copy of resolution.)
❑ Transfer from mortgagor to a holder of a mortgage in default. (Attach copy of mortgage and note/assignment.)
❑ Corrective or confirmatory deed. (Attach complete copy of the deed to be corrected or confirmed.)
❑ Statutory corporate consolidation, merger or division. (Attach copy of articles.)
® Other(Please explain exemption claimed.) Grantor and Gra)ee are the same entity. Transfer being effectuated for the
sole purpose of consolidating 5 tracts of land(being 4 tax parcels)into 1 pursuant to the Final Subdivision Plan for
Faulkner Automobile Dealership recorded with the Cumberland County Recorder of Deeds Office as Instrument No.
2014 ,and therefore it is an excluded transaction under§91.193(b)(4)of the Pennsylvania Realty Transfer Tax
Regulations,
Under penalties of law, declare that I have examined this statement, including accompanying information, and to
the best of m kn a Ind belief, '#;e true,correct and com tete.
Signature of Cones dent o arty Date
FAILURE T 0 PLE ORM PROPERLY OR ATTACH REQUESTED DOCUMENTATION MAY RESULT IN
THE RECORDER'S REFUSAL TO RECORD THE DEED.
SCHEDULE A TO
PENNSYLVANIA REALTY TRANSFER TAX STATEMENT OF VALUE
Grantor: JJLH Associates, Ltd.
Grantee: JJLH Associates, Ltd.
Street Address Parcel No. Assessed Value
6726 Carlisle Pike 38-07-0461-018 $ 177,000.00
6724 Carlisle Pike 38-07-0461-019 $ 180,000.00
6720 Carlisle Pike 38-07-0461-020 $1,602,300.00
6714 Carlisle Pike 38-07-0461-0216 $3,440,700.00
TOTAL $5,400,000.00
$5,400,000 x .99 (Common Level Ratio) _ $5,346,000 (Fair Market Value)
{A4252232:11
TAMMY SHEARER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
I � f
Instrument Number-201428728
Recorded On 12/11/2014 At 2:51:46 PM
*Instrument Type-DEED Total Pages-7
Invoice Number-174001 User ID-KW
*Grantor-JJLH ASSOCIATES LTD
*Grantee-JJLH ASSOCIATES LTD
*Customer-COMMUNITY SETTLE
*FEES
STATE WRIT TAX $0.50 Certification Page
STATE JCS/ACCESS TO $35.50
JUSTICE
RECORDING FEES - $14.50 FDO NOT DETACH
RECORDER OF DEEDS
PARCEL CERTIFICATION $60.00 This page is now part
FEES
FORDABLE HOUSING $11.50 of this legal document.
"FORDABLE
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
CUMBERLAND VALLEY SCHOOL $0.00
DISTRICT
SILVER SPRING TOWNSHIP $0.00
TOTAL PAID $127.00
I Certify this to be recorded
in Cumberland County PA
PC
J
0
o a
RECORDER OF DEEDS
neo
*-Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
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