HomeMy WebLinkAbout14-7412 PREPARED BY AND RETURN TO: g41A ��D
Matthew C. Samley, Esquire
REESE, SAMLEY, WAGENSELLER, MECUM & LONGER, P.C. ;'
120 North Shippen Street ? ;
Lancaster PA 17602 rTi
(717) 393-0671 '
Tax Account Nos: 38-19-1614-005
WAIVER OF LIENS y
WHEREAS, JJLH Associates, Ltd., a Pennsylvania limited liability company, ("Owner"'Yowns'
property located at 6625 Carlisle Pike, Silver Spring Township, Cumberland County, Pennsylvania.
WHEREAS, Owner entered into a contract dated May 12, 2014, amended August 4, 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 that certain lot or piece of
ground located at 6625 Carlisle Pike, 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. 201426932, 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 Zq'� day of D CCM0C2 , 2014.
WITNESSES: CONTRACTOR:
PROFESSIONAL DESIGN &
C CONSTRUCTIO NC.
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Glenn J. Frill, resident
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF LANCASTER
On this, the 21'To 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.
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ccr►NoN*ZAiTHOFEftsnv Notary Public
NOTARIAL SEAL
MOPE S.GLIDDEN,Notary puc
My L rcaftcity,l ca My Commission Expires:
Commission res 33.2M6
004547
Parcel ID No. 38-19-1614-005
DEED OF CONSOLIDATION
THIS DEED is made the 1 -day of November, 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 known as Tax Parcel 38-19-1614-005 and as shown on plan
entitled, "Final Subdivision Plan for Faulkner Automobile Dealership" by Alpha
Consulting Engineers, Incorporated, recorded with the Cumberland County Recorder
of Deeds Office as Instrument#201410742, being more particularly bounded
described as follows:
BEGINNING at a point along the southern right-of-way of the Carlisle Pike (SR 0011)
at lands now or formerly of the Grantor and Albert & Virginia Gaskin, said point being
South 76 degrees 03 minutes 30 seconds West a distance of 50.37 feet from a bent
iron-pin found along said southern right-of-way and at multiple lands now or formerly
of Albert &Virginia Gaskin; thence along lands now or formerly of Albert&Virginia
Gaskin the following seven (7) courses and distances:
1. South 20 degrees 53 minutes 03 seconds East a distance of 229.77 feet to a
point,
2. South 28 degrees 27 minutes 51 seconds West a distance of 6.71 feet to a
point,
3. South 74 degrees 20 minutes 51 seconds West a distance of 436.27 feet to a
point,
(A4184972;11
4. South 32 degrees 54 minutes 34 seconds East a distance of 14.08 feet to a
point,
5. by a curve to the right having a radius of 50.00 feet, an arc length of 37.53
feet, a chord bearing of South 11 degrees 24 minutes 23 seconds East a
distance of 36.66 feet to a point,
6. South 74 degrees 20 minutes 51 seconds West a distance of 13.84 feet to an
iron-pin found, and
7. South 32 degrees 57 minutes 09 seconds East a distance of 229.08 feet to a
point;
thence along lands now or formerly of Silver Spring Associates, LP, South 49
degrees 38 minutes 56 seconds West a distance of 762.00 feet to a point at the
eastern right-of-way of Commerce Drive (T-548);
thence along said eastern right-of-way the following five (5) courses and distances:
1. North 40 degrees 21 minutes 04 seconds West a distance of 327.09 feet to a
point,
2. North 49 degrees 38 minutes 56 seconds East a distance of 5.00 feet to a
point,
3. by a curve to the right having a radius of 970.00 feet, an arc length of 296.15
feet, a chord bearing of North 31 degrees 36 minutes 17 seconds West a
distance of 295.00 feet to a point,
4. North 22 degrees 51 minutes 30 seconds West a distance of 124.30 feet to a
point, and
5. by a curve to the right having a radius of 24.99 feet, an arc length of 39.27
feet, a chord bearing of North 22 degrees 09 minutes 03 seconds East a
distance of 35.35 feet to a point at the southern right-of-way of the Carlisle
Pike (SR 0011);
thence along said southern right-of-way the following six (6) courses and distances:
1. North 67 degrees 08 minutes 30 seconds East a distance of 281.33 feet to a
point,
2. by a curve to the right having a radius of 5,682.63 feet, an arc length of 74.62
feet, a chord bearing of North 67 degrees 31 minutes 04 seconds East a
distance of 74.62 feet to an iron-pin found,
3. North 22 degrees 06 minutes 21 seconds West a distance of 9.98 feet to an
iron-pin found,
4. by a curve to the right having a radius of 5,692.64 feet, an arc length of
541.55 feet, a chord bearing of North 70 degrees 37 minutes 02 seconds
East a distance of 541.35 feet to a point,
5. North 13 degrees 56 minutes 30 seconds West a distance of 8.39 feet to a
point, and
6. North 76 degrees 03 minutes 30 seconds East a distance of 371.30 feet to a
point, being the place of BEGINNING.
{A4184972:1)
2
CONTAINING 632,445 Square Feet (14.52 Acres) according to the Plan.
BEfNG the same premises which Lititz Properties, LLC, a Pennsylvania limited
liability company and Susquehanna Bank, successor by merger to Susquehanna
Bank PA, a Pennsylvania financial institution, by Deed dated February 26, 2014 and
recorded with the Cumberland County Recorder of Deeds Office on March 4, 2014
as Instrument No. 201404493, granted and conveyed unto JJLH Associates, Ltd., a
Pennsylvania limited partnership, the Grantor and Grantee herein.
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-
07-0459-126, 38-07-0459-125, 38-07-0459-040 and 38-19-1614-005, into a
single lot(now being tax parcel number 38-19-1614-005) 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.
Grantor hereby covenants and agrees that Grantor will warrant SPECIALLY the
property hereby conveyed.
IA4184972:1)
3
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 Partner
Q2r__4�t
� By
Na Robert E. Lewis
Ti e: Manager
(A4184972:1)
4
COMMONWEALTH OF PENNSYLVANIA :
SS:
COUNTY OF e,9^Wefwd
On this, the__ Oday of November, 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 hereunto set my h nd a icial seal.
P is
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA (SEAL)
NOTARIAL SEAL
RICKEY C SHOOP
Nufary Public
HARRISBURG CITY,DAUPHIN COUNTY
My Commission Expires May 29,2017
CERTIFICATION OF ADDRESS
I hereby certify that the precise address of the Grantee herein is:
4437 Street Road
Trevose, PA 19053
i
Age or Grantee
(A4184972.1)
5
REV-183 EX(04.10)
pennsytvania REALTY TRANSFER TAX RECORDER'S USE ONLY
t� STATEMENT OF VALUE
State Tax Paid ----
BUREAU OF INDIVIDUAL TAXES Number
Po eox 20o603 Book 3 a
HARRISBURG PA 17128,0603 page Number
See Reverse for Instructions Date Recorded a0 17
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 more space is needed,attach additional sheets
A. CORRESPONDENT—All inquires may be directed to the follovWnperson:
Name Telephone Number
Erik Hume, Esq. McNees Wallace& Nurick LLC 717-232-8000
Mailing Address City Stale ZIP Code
100 Pine Street, P.O. Box 1166 Harrisbur PA 47108
B. TRANSFER DATA C. Date of Acceptance of Document
Grantor(syl-essor(s) Grantees)/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
6625 Carlisle Pike Silver S vin Towns
hi
County School District Tax Parcel Number
Cumberland Cumberland Valle 38-19-1614-005
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
$1,202,600.00 x .99 =$1,190,574.00
F. EXEMPTION DATA
la.Amount of Exemption Claimed t b.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 party. (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 Gratee are the same entity. Transfer being effectuated for the
sole purpose of consolidating 4 tracts of land into 1 pursuant to the Final Subdivision Plan for Faulkner Automobile
Dealership recorded with the Cumberland County Recorder of Deeds Office as Instrument No. 201410742, and
therefore it is an excluded transaction under§91.193(b)(4) of the Pennsylvania Realty Transfer Tax Regulations.
Under penalties of law, 1 clave that I have examined this statement, including accompanying information, and to
the best of m knowled e a be' it is true,correct and complete.
Signature of Correspondent or spo P Date
� �l
FAILURE TO COMPLETE THIS FORM PROPERLY OR ATTACH REQUESTED DOCUMENTATION A AY RESULT IN
THE RECORDER'S REFUSAL TO RECORD THE DEED.
TAMMY SHEARER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370 =
Instrument Number-201426932
Recorded On 11/20/2014 At 2:02:49 PM *Total Pages-7
*Instrument Type-DEED
Invoice Number- 172718 User 1D-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 DO NOT DETACH
RECORDING FEES — $14.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $15.00 This page is now part
FEES of this legal document.
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
CUMBERLAND VALLEY SCHOOL $0.00
DISTRICT
SILVER SPRING TOWNSHIP $0.00
TOTAL PAID $82.00
I Certify this to be recorded
in Cumberland County PA
VC
V
RECORDER OF DEEDS
*-Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
004547
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