HomeMy WebLinkAbout94-03200
~~Iii~
~~~~8
:~~~~
~~I~g
;~a~
, '
· . i ' .
.
., .
.
~ "I~" lOU".". ".II':~,"'I'
r>>/ "'''O~ Ill, ,-,,,.,.. 1'0-'.'1 I .. j
, .
'. .
.
t, O,.t ,.
, .
. ,
1\)) '/'I )'",1.' /l111l
ITIPULATION AGAINST LIIHI
The undersigned contractor, materialman or other entity or
person furnishing services, labor or materials, known as LEON E,
WINTERMYER, INC" a Pennsylvania corporation (the "Contractor" I
intending to be legally bound, and in consideration of the sum of
ONE AND NO/lOa DOLLARS ($1.001 to it in hand paid by GREENFIELD
COURT LIMITED PARTNERSHIP, a Pennsylvania limited partnership
("Owner"l 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 described in Schedule
"A", attached hereto and made a part hereof, or against any
buildings or other improvements thereon (jointly and severally, the
"Real Estate"l, for or on a count of any work to be done or
materials furnished under the principal contract between Owner and
contraotor, dated April 14, 1994 or under any supplemental
contract, verbal or written, or contract for extra work or
materials relating to any work to be done or material furnished
under said principal contract. The undersigned, for itself, its
subcontractors, materialmen, laborers and anyone else acting or
olaiming 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
irrevooably authorizes and empowers any attorney of any court of
competent jurisdiotion 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 instrument, 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 uuch
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 fil1ng 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 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 aver, 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 undersiqned or by any
suboontractor, materialman, laborer, or other pereon or entity, and
that no authorization has yet been qiven by the Owner to the
undersiqned to commence work or purchase materials in conneotion
with the Real Estate.
This stipulation is made and intellded 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 undersiqned has caused this instrument
to be duly executed this eiqhth day of June, 1994.
ATTEST I
CONTRACTOR I
LEON E. WINTERMYER, INC.
~~~
/,!Y Leon E. ntermyer
TITLE I President
,
!2tIut~
GREENFIELD COURT LIMITED
PARTNERSHIP, A PENNSYLVANIA
LIMITED PARTNERSHIP
OLD FIELD PARTNERSHIP,
GENERAL PARTNER
~
)
BY' The Homestead Group, Inc.,
Co-Partner
Michael J. Greene, President
1'x rmil ,Llr
ALL Ti: ,r CERTAIN tract or par.cel of ground situate in South
Middle~on Township, Cumberland county, commonwealth of
Penn~~'vania, bounded and described as follows, to wit:
BW;IW ~G at a point: in the centerline of Rockledge Drive (T-487)
at cor,er of lands now or formerly of Nancy L. Bearl thence
le~ving Rockledge Drive and following the southern property line
of th,) said Nancy L, Bear South 73 degrees 48 minutes 46 seconds
Eact n distance of 223.42 feet to a concrete monumentl thence
continuing along lands of Boar and along lands now or formerly of
'fodd amI Beth A, Thumma North 11 degrees 50 minutes 31 seconds
East p distance of 492,03 feet to a concrete monument on line of
lands now or fOl'merly of .James S. Hall; thence continuing along
lands of lIall and along lands now or formerly of Alfred and
Gina Padilla and along lands now or formerly of Forest Meadow
Associates South 89 degrees 12 minutes 06 seconds East a distance
of 60~.71 feet to a point at the northwestern corner of Lot
No. 195 as shown on Plan Book 62, Page 81 thence continuing along
Lot Ne. 105 South 05 degrees 24 minutes 07 seconds East a
distance of 111.62 feet to il point on the northern line of
Tunbridge Lane (24,00 feet wido) I thence continuing along
Tunbridge Lane by a curve to the left having a radius of 312.00
feet, the chord bearing of which is South 81 degrees 27 minutes
53 seconds West, an arc distance of 34,12 feet to a pointl thence
croBsing Tunbrldge Lane South 11 degrees 40 minutes 06 seconds
EaBt B distance of 24.00 feet to a point on the southern side of
'fullbridge Lanel thence along 'funbridge Lane by a curve to the
riqht having a radius of 312.00 feet, the chord bearing of which
is Routh BO degrees 01 minute 45 seconds West an arc distance of
18,49 feot to a point on the northwootern corner of Lot No, 108
as shown on Plan Book 62, rage 81 thence continuing along Lot
No. lOB south 14 degrees 05 minutes 15 seconds East a distance of
116.70 feet to a point on the northern aide of Greenfield Drive
(50.00 feet wide) I thence along the northern side of Greenfield
Drive by a curve to the left having a radius of 285.00 feet, the
chord bearing of ~lich is South 71 deqreeo 52 minutes 07 seconds
West, an arc distance of 40,23 feet to a pointl thence along same
by a eurve to the loft having a radiua of 2B5.00 feet, the chord
bearing of which is South (4 degreeo 11 minutos 23 seconds West,
an arc distance of 16,16 [eot to a pointl thence along same by a
cu~ve :0 the left having a radius of 205.00 feet, the chord
bu.rir of which is South 59 degrees 52 minutes 23 seconds West,
an ar_ distance of 6,78 foot to a point; thenco along sarno South
5~ de~ 'GOS 11 minutes 29 seconds West a distance of 344.72 feet
Exhibit A
1'1IlJe 1 of 4
"
"
to " point on the northClrn uide ot: arClonf!eld Drive
afol;omantionodl thence cl'oGl!ing Greonfiuld Drive and boyond South
30 degrooG 48 minuton 31 secondn Enst a distanco of 167.52 feet
to n polntl thence South 50 dogrClolJ 28 minutClfl 32 seconds West l\
distanco of 37.87 foot to n pointl thenco South 55 d8qreOG 36
minutoR 35 seconds Wn~t n distance of 143.45 feet to n pointl
thence South 15 degrClon 01 minuta 11 secondn Wost a distanca of
112.77 font to a point on the northern sido of Urinrly Drivo
(50.00 feat widell thClnce along Brinrly Drive south 74 dogroes 5e
minuto~ 49 seconds East a dintance of 101.94 feet to a point I
then:lo Ot'oGGing Flr.tarly Ddvo South ) 5 df?groos 01 minute 11
secondc' '-lost a diCltance of !;(). 00 foot 1:0 (\ point on t,he westorn
to.rl'1im,' of an arc connecting the couthol.'n sido of I3rinrly Drivo
and the \~(\lJtern nido of IHdq(l.I,'tly Drivol thenco by tl curvo to thE'
right: J'ving n radhll'l of 11.00 fElet, the chord boaring ot: whioh
is Eo~ ~ 33 degreoCl 47 minutoD 49 socondu East, Rn arc distance
of '.!i.01 foot to a point on tho westOl'n !lido 01' Ridgeway nrivo
(50.00 feet widl~)' thonca along sumo by a curvo to the left
having II radiulJ of 260.00 feet, the chord bearin9 of whioh is
South C4 degroes 14 minutea 20 secondo West, an uro dintance of
28.54 ~:Qt to n point; thence along sarno South 01 degree 05
l\\inutQI~ 47 seconds Wont a diotance of 59.56 foot to n point on
thl? n01'::hern torminuEl of (111 arc connocting tho weatern aide of
Ri(,;;ow: '} Drivo and tho northorn dedicat,e.d ri.ght~of-way line or
Mar,;h l'dve (T-4791 I the.nce by a curvo to tho right having a
r,"t~:..uo of 16.00 feet, the chord bead n9 of which is South 45
dogl:'3(,' 57 minutes 44 nccond!l West, an arc dilltnnce of 25.0li foet
to (t C'. ncrote monument on tho northern dedicatod r.i.ght-of-wny
linn 0:;' JIIarsh Drive, thonce Douth 03 d€"gt'ollU 52 minutes 28
sooond; East a distanco of 25. oe f'ol,t to a point on the
center~ine of Marsh Drive, then co continuing along the centerlino
North G3 degrees 10 minuten 20 seconds West a diatanco of 1021.94
feet t:: a point in the conterline of Rocklodgo Drive
aforelnL:1tionedl thence oontinu1.ng along the oenterline of
noc~le(~o Drivo North 40 dogrees 30 minutes 39 ssconds East a
dist:anc'1 of 573.72 roet to <l point, thence continuing alonq same
by a cm:'ve to the loft having a radius of. 420. 2fi feet, the chord
bearing of which ill North 29 clogreorl 10 minutefl 42 seconds Eaot,
lln arc ~istonce of 104.70 feat to a point in tho centorline of
Rockle:.1G Drive, said point being the point nnd placo of
BEGINN::: ~G.
~xhibil: ^
PilUs 2 of ..
.;' . .
, t~ H4~i'''W;I1f.~m:I;''~
. .
..
prcmioc1L2.1
ALT, '1'1I0SE CERTAIN lots or parcels of ground si tunte in South
Middleton Township, Cumberland County, Commonwealth of
Pennsylvania, being Lot Nos. 106, 107 and 108 as shown on Revised
Final Plan-Phase I Greenfield Residential Development prepared by
Melham Aosociates, P.C. datod August 4, 1909, last revised
December 17, 1990, and recorded in Cumborland county Plan Book
62, Page O.
UNDEH /lND SUBJEC'l' to Declarat ion of Covenants, conditions and
Restrictions Applicable to Building Lots in "Greenfield", Phase
One, Seotion 2 recorded in Cumberland County Miscellaneous Book
391, rage 1034, as amended in Miscellaneous Book 435, Page 1147.
I:r.f:.m.i n (l r.; J:
ALL THOllE CERTAIN Special Declarant Rights as defined in Section
3101 of the Pennsylvania Uniform condominium /lct, as amended, in
and to that portion of the Convertible Real Estate located within
the flexible condominium known as GREENFIELD UPLANDS CONDOMINIUM
croated pursuant to Declaration of condominium dated June 15,
1991 and recorded in Cumberland County Miscellaneous Book 399,
Page 10, as amended, the legal description for which Convertible
Real Estate is attached hereto as Schedule A and made a part
hereof.
PREMISES 1, 2 /lND 3 BEING part of the same premises which Max D.
Marbain, agent, by deed dated May 1.1, 1990 and recorded in
Cumberland County Deed Book 0, Volume 43, Page 249 granted and
conveyed unto Greenfield Court Limited PartnerShip.
AND the said Greenfield Court Limited Partnership entered into an
Agreement of Sale and Purchase dated November 1, 1990 with
Marbain, Inc. (the "Agreement"), a memorandum of which is
recorued in Cumberland County Miscellaneous Book 415, Page 1028.
AND the said interest of Marbain, Inc, in and to the Agreement
was assigned to Max D, Marbain, an adult individual, by
Assignment of Purchaser's Intereot in Agreement dated May 27,
1993 and recorded in Cumberland County Miocellaneous Book 445,
Page ~29t
Exhibit II
Page 3 of 4
,
~Q1:!Yl:R1'IIlLE R1;I\T.1 ESTlI'rn
ALY, 'rllAT CERTAIN lot or tract of land situate in south Middle-
ton Township, cumberland county, ponnsylvania, more particu-
larly bounded and described in accordance with the Plats and
Plans, as follows, to wit:
BEGIKNING at a point on the easter~ right-of-way line of Green-
field Drive at the northern extremity of a curve having a
ra~ius of 16.00 feet and an arc length of 25.13 feet, which
connect the eastern right-of-way of Greenfield Drive with the
northern right-of-way line of Mar~h Drive,
THeNCE by the eastern right-of-way line of Greenfield Drive
north 01 degree 02 minutes 12 seconds East 133.38 feet to a
point, thence by same by a curve to the right having a radius
of 475.00 feet and an arc length of 65,93 feet to a point;
thence by same North OB degrees 59 minutes 20 seconds East
200.93 feet to a point; thence by name by a curve to the left
having a radius of 285.00 feet and an arc length of 273.93 feet
to a point on the eastern line of lot #109 as shown on Revised
Final Plan - Phase I Greenfield Residential Development
recorded in Cumberland county Plan Dook 62, Page 8, thence by
aforementioned lot line North 37 degrees 15 minutes 33 seconds
East 67.85 feet to a point on the southern line of lot '112 on
the aforementioned plan, thence by aforementioned lot line and
thr.t of lot '113 North 74 degrees 41 minutes 06 seconds East
60.04 feet to a point on the southern lot line of lot '114 on
th9 aforementioned plan, thence by aforemsntioned lot line and
that of lot '94 North 55 degrees 59 minutes 57 seconds East
439.94 feet to a point on line of lands now or formerly of
Forest Meadow Associates, thence by aforementioned lands South
89 degrees 12 minutes 06 oeconds Eaot 41.00 feet to a point on
line of lands now or formerly of Carl C. Wert, thence by afore-
mentioned lands and that now or formerly of Joseph A. Shamro
South 03 degrees 57 minutes 29 seconds West 039.78 feet to a
point on line of lands now or formerly of Gerald lI, Ford,
thence by aforementioned lands North 89 degrees 01 minute 55
secends West 250.91 foet to n point, thence by same South 08
degrees 20 minutes 37 secondo Wes~ 70.58 feet to a point,
thance by same South 00 degroes 58 minutes 13 seconds West
80.00 feet to a point on the northern right-of-way line of
MRrrh Drive, thence by Bforemontioned right-of-way line, North
80 degrees 57 minutes 40 seconds West 132.15 feet to a point,
thonco by same by a curve to tho right having a radius of 16.00
fcat and an arc length of 25,13 (cet to a point being the Place
of lloginning.
DEIllG the Greenfield Uplands condominium containing 7.3376
acroa.
BCIIEDtJI.E .\
P;1[Jo ) (If ;]