The URL can be used to link to this page

Home My WebLink About05-5443 PROFESSIONAL OFFICE DEVELOPERS LLC : IN THE COURT OF COMMON PLEAS OF Owner, CUMBERLAND COUNTY, PENNSYLVANIA v. J. W. MUMPER CONSTRUCTION,INC.: Contractor, NO.OS - S"l./LlJ M.L.D.2005 STIPULATION AGAINST L1EN~ WHEREAS, Professional Office Developers LLC of 415 Fallowfield Road, Suite 302, Camp Hill, Pennsylvania, (the Owner), has executed or is about to execute contemporaneously herewith a contract with J. W. Mumper Construction, Inc., 6 Lynchburg Court, Mechanicsburg, PA 17050 (the contractor"), for construction of one or more office buildings (collectively the "Improvements") upon and related to a tract of land known as Tax Parcel No, 42-29-2458-004, Upper Allen Township, Cumberland County, Pennsylvania, more particularly described on Exhibit A attached hereto, incorporated herein by reference and made a part hereof (the "Premises"), NOW, October /4 , 2005, before any authority has been given by the Owner to the Contractor to commence work on the Improvements, or to purchase materials for the same, or to enter into any contracts with any subcontractors or materialmen, or to authorize any purchasers by or through any subcontractors or materialmen, and in consideration of the making of said contract with the Owner and the further consideration of One ($1,00)) Dollar, the Contractor paid by Owner, and with the intent of all parties to be legally bound hereby, it is agreed that no lien shall be filed against the Improvements, the Premises, or any part thereof, by the Contractor or any subcontractor, or by and of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased, for the Improvements to the Premises (including hereafter changes made thereto), the right to file liens being expressly waived, It is the full intent of the Contractor, for itself and for any subcontractors or materialmen claiming for themselves, or by, through or under the contract or the Contractor, that the right to file a mechanic's lien, under the provisions of law and/or of Acts of Assembly in such cases made and provided, for work done or materials fumished in and about the construction of the Improvements to the Premises is hereby waived. IN WITNESS WHEREOF, the Owner and Contractor have executed this Stipulation Against Liens the day and year first above written, OWNER: Professional Office Developers LLC BY:~- David D. Nesbit, Sole Member Page 1 of2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 55: ~h. On this, the / J-/ day of October, 2005, before me the undersigned officer, personally appeared David D, Nesbit, who known to me or satisfactorily proven to me to be the persons whose name is subscribed to this instrument, acknowledged that he executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~l;;n.d /..;Z-$-f otary Public I -~_..... CONTRACTOR: J. W. Mumper Construction, Inc. NOTAI=IIAL SEAL Janet L. Zipfel, Notary Public Sliver Spring lWp., Cumberlana Co. i My Commission Expires January 29, 2006 I '''''"''''''''''''.'~-''''''''''''' ......-"...- -~.....,,""'-.,..~~ ~._w~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 55: I 4 1'1... On this, the day of October, 2005, before me the undersigned officer, personalty appeared Jlll~ 5W, >'h"}"'P~- .J-'-- , who known to me or satisfactorily proven to me to be the person whose names is subscribed to this instrument, acknowledged that he executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~- ~~-~ t ~ / No ry Public NOTARIAL SEAl Janet L. ZIJ)tel, Notary Public Silver Spring Twp., Cumberland Co. My Commission EJ4;lires January 29, 2006 '- ........--"' Page 2 of2 EXHIBIT A ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a steel rebar pin at the intersection of the easterly line of Gettysburg Pike (T621) and the southerly line of Rider Lane (T -610); thence along the said southerly line of Rider Lane the following five (5) courses: (1) South twenty-six degrees one minute East (S 260 01' E) a distance of one hundred eighty-six and sixty-nine hundredths (186.69) feet to a steel rebar pin; (2) South sixty-three degrees fifty-six minutes seven seconds West (S 630 56' 07" W) a distance of forty-five and sixty-two hundredths (45,62) feet to a point; (3) South twenty-six degrees three minutes fifty-three seconds East (S 260 03' 53" E) a distance of eighty-five and thirty hundredths (85.30) feet to a point; (4) North sixty-three degrees fifty-five minutes fifty-two seconds East (N 63055' 52" E) a distance offorty-five and sixty-two hundredths (45.62) feet to a steel rebar pin; and (5) South twenty-six degrees three minutes fifty-three seconds East (S 26003' 53" E) twenty-seven and forty-five hundredths (27.45) feet to a steel rebar pin; thence along the westerly line of U,S, Route 15 (SR 0015) South thirty-nine degrees four minutes zero seconds West (S 390 04' 00" W) a distance of nine hundred ninety- two and ten hundredths (992.10) feet to a steel rebar pin; thence along lands now or formerly of Victor J, and Louise M. Kopac. North fifty-two degrees forty-two minutes West (N 520 42' W) a distance of two hundred forty-four and fifty-six hundredths (244.56) feet to a steel rebar pin; thence along the easterly line of Gettysburg Pike (T- 621) North thirty-seven degrees eighteen minutes East (N 3r 18' E) a distance of five hundred nine and seventy-two hundredths (509,72) feet to a steel rebar pin; thence continuing along the easterly line of Gettysburg Pike (T -621) North thirty-seven degrees fifty-seven minutes East (n 370 57' E) a distance of six hundred sixteen (616) feet to a steel rebar pin. the point of BEGINNING, CONTAINING 6,198 acres of land, F:\drg\6038 - Nesbit Development. LLC\12515.1 - Mountain View Office Park. Upper Allen TownshiplOocuments\Legal.doc ~ ~ ')::) "'- i ~ :If- 'i> C> "'- -1:::. ~ ~ ..c -.1::: .() Wi .c: 0, f; CJ 1"'-_.) C:-:.::> C> ,. c.::..~ C,,"j ..<. r:> (,""'1. -, 0 Cj 1; ~ -'.,. (.J P c,,,; ;:;~-: ..;" :'-0 -< , t C! f