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Home My WebLink About02-1640STIPULATION AGAINST LIENS The undersigned contractor furnishing services, labor or materials, known as LEON E. WlNTERMYER, INC. (the "Contractor") intending to be legally bound, and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00) to it in hand paid by OLD FIELD PARTNERSHIP, a Pennsylvania general partnership ("Owner") the receipt whereof is hereby acknowledged, for itself and any subcontractors, materialmen, laborers or anyone else acting through or under it, covenants and agrees that no mechanics or materialmen's liens or claims shall be filed or maintained by it, them or any of them, against the real estate located in South Middleton Township, Cumberland County, Pennsylvania, as described in Exhibit A attached hereto and made a part hereof, or against any buildings or other improvements thereon or thereto (jointly and severally, the "Real Estate"), for or on account of any work to be done or materials furnished under the principal contract between Owner and Contractor, dated ~4~'c~ ~, 2002, or under any supplemental contract, verbal or written, or contract for extra work or materials relating to and work to be done or material furnished under said principal contract. The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting or claiming through or under it, hereby waives and relinquishes all right to file a mechanics' lien, claim or notice of intention to file any lien or claim against the Real Estate. The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting under or through it, hereby irrevocably authorizes and empowers any attorney of any court of competent jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appear as attorney for it, them or any of them, in any such court and, in its or their name or names, mark satisfied of record at the cost and expense of the undersigned, any and all claims, liens, any pleading or insmanent, or any amendment to any pleading or instrument previously filed by it or them, to incorporate therein as part of the record this waiver and for such act or acts this waiver shall be good and sufficient warrant and authority, and the undersigned for itself, and for them, does hereby remise, release and quit-claim all rights and all manner of errors, in filing such pleading, instrument or amendment, or in any way concerning them. Owner shall have the absolute right in its name or in the name of the undersigned or any other entity or person who shall have filed a claim or lien, to cause any and all such claims or liens to be discharged by any other instrument, pleading or proceeding permitted at law or in equity. The undersigned hereby avers, represents and warrants that no work has commenced on the Real Estate and no labor or materials have been delivered to the Real Estate or furnished for the improvement of the Real Estate by the undersigned or by any subcontractor, materialman, laborer, or other person or entity, and that no authorization has yet been given by the Owner to the undersigned to commence work or purchase materials in connection with the Real Estate. This stipulation is made and intended to be filed with the Cumberland County Prothonotary in accordance with the requirements of the Mechanics' Lien Law of 1963 of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of the ',,,D day of ~9~ ,2002. ATTEST/WITNESS: CONTRACTOR: LEON E. WINTERMYER, INC. flame: Le99 tO Title: ~-~o~, EXHIBIT ' A' LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point at the intersection of the center lines of Rockledge Drive (T-478) and Marsh Drive (T--479); THENCE along the center line of said Rockledge Drive (T-478), the following six (6) courses and distances: (1) North 40 degrees 30 minutes 39 seconds East, a distance of 573.72 feet to a point; (2) on a curve to the left having a radius of 420.26 feet, an arc distance of 177.69 feet to a point; (3) North 16 degrees 41 minutes East, a distance of 227.09 feet to a point; (4) North 16 degrees I1 minutes 14 seconds East, a distance of 200 feet to a point; (5) North 15 degrees 58 minutes 53 seconds East, a distance of 231.76 feet to a point; and (6) North 16 degrees 17 minutes 9 seconds East, a distance of 159.78 feet to a point in the same; THENCE crossing through said Rockledge Drive, North 72 degrees 27 minutes 16 seconds West, a distance of 30 feet to a point at the beginning of a curved corner forming the southwest corner of the intersection of Rockledge Drive (T-478) and Well House Lane; THENCE along a curve to the left having a radius of 23.97 feet, an arc distance of 43.95 feet to a point on the southern dedicated right-of-way line of Well House Lane; THENCE along said southern dedicated right-of-way line of Well House Lane, North' 88 degrees 45 minutes 35 seconds West, a distance of 469.23 feet to a point; THENCE along the western end of said Well House Lane and along lands of South Middleton Township Municipal Authority, North i degree 14 minutes 25 seconds East, a distance of 194.86 feet to a point; THENCE along lands of Paul A. Niesley, North 88 degrees 45 minutes 35 seconds West, a distance of 1,011.37 feet to a point; THENCE along lands now or formerly of John G. Hatfield et ux, the following three (3) courses and distances: (1) South 58 degrees 56 minutes 37 seconds West, a distance of 875.06 feet to a point; (2) South 58 degrees 28 minutes 47 seconds West, a distance of 924.95 feet to a point; and (3) South 1 degree 41 minutes 41 seconds West, a distance of 666 feet to a point; · THENCE along lands now or formerly of Ruth V. Jumper, Sonth 88 degrees 59 minutes 16 seconds East, a distance of 2,394.38 feet to a point in Rockledge Drive (T478); THENCE in said Rockledge Drive, South 89 degrees 10 minutes 20 seconds East, a distance of 5 feet to a point at the intersection of the center lines of said Rockledge Drive (T478) and Marsh Drive (T-479), the place of BEGINNING. CONTAINING 87.272 acres. BEING the same premises which Max D. Marbain, Agent, by deed dated May 11, 1990 and recorded in Cumberland County Deed Book O, Volume 34, Page 246, granted and conveyed unto Old Field Partnership, a Pennsylvania general partnership, comprised of Max D. Marbain and The Homestead Group, Inc., Co-partners. EXCEPTING AND RESERVING THEREOUT AND THEREFROM, the following adverse conveyances by (1) Deed to Mervin S. Thumma and Ruth E. Thumma, husband and wife, dated May 11, 1990 and recorded in Cumberland County Deed Book T, Volume 35, Page 75; (2) Deed to East Gate Seniors Associates, L.P. dated November 13, 2000 and recorded in Cumberland County Deed Book 233, Page 944; (3) Deed to South Middleton Township Municipal Authroity dated June 4, 2001 and recorded in Cumberland County Deed Book 246, Page 788; and (4) Deed to Cumberland Senior Housing Associates, a Pennsylvanis non-profit corporation, dated February 7, 2002 and recorded in Cumberland, County Deed Book 250, Page 1624. F:~FlLES\DATAF1LE\General~Documents\7436-31 .pra/cer Created: 4/11/03 10:16:09 AM Revised: 4/15/03 9:13:38 AM TURNER HYDRAULICS, INC. Plaimiff Vo GORDON C. HERTZLER, d.b.a. HERTZ-A-CRETE CONSTRUCTION Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1640 CIVIL ACTION-LAW PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue writ of execution in the above matter, (1) directed to the Sheriffof Cumberland County; (2) against Gordon C. Hertzler d.b.a. Hertz-A-Crete Construction, Defendant, residing at 116 East Green Street, Shiremanstown, PA 17011. (3) index this writ against personal property owned by Defendant. Amount due Plus interest from February 24, 2003 at the rate of $0.34 per day Costs $2,040.20 * To be determined by Sheriff of Cumberland County Date: April 15, 2003 MARTSON DEARDORFF WILLIAMS & OTTO BYCarl~-sch(~ I.D. Number 75901 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO03-1640 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TURNER HYDRAULICS INC Plaintiff (s) From GORDON C HERTLER D/B/A HERTZ-A-CRETE CONSTRUCTION (1) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY OWNED BY DEFENDANT · (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $2,040.20 L.L..$0.50 Interest FROM FEBRUARY 24, 2003 ~ THE RATE OF $0.34 PER DAY. Atty's Corem % Due Prothy $1.00 Arty Paid $36.75 Other Costs Plaintiff Paid Date: APRIL 15, 2003 (Seal) REQUESTING PARTY: Name CARL C. RISCH Address: TEN EAST HIGH STREET CARLISLE, PA 17013 Attorney for: TURNER HYDRAULICS, INC Telephone: (717) 243-3341 Supreme Court ID No. 75901 CURTIS R. LONG Prothonotary Deputy