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HomeMy WebLinkAbout02-4674G & G ENTERPRISES Plaintiff/Owner GALBRAITH PREDESIGN, INC. Defendant/Contractor · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · NO. 2002- CIVIL TERM STIPULATION AGAINST LIENS THIS AGREEMENT made this day of ~, 2002, by and between GALBRAITH PREDESIGN, INC., hereinafter referred to as Contractor, and G & G ENTERPRISES, hereinafter referred to as Owners, whereby the former undertook and agreed to demolish the current structure and erect and construct a commercial building on that certain lot of ground situate in the Borough of Mount Holly Springs, County of Cumberland, Commonwealth of Pennsylvania, a description of which is attached hereto. NOW THEREFORE, THIS AGREEMENT WlTNESSETH; that the said Contractor, for and in consideration of the sum of One ($1.00) Dollar to the Contractor, in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in this Agreement aforesaid for themselves and their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in or about the demolition, erection and construction of the said buildings on the lot above described, and the said Contractor, for themselves, their subcontractors and others under them hereby expressly waive and relinquish the right to have, file and maintain any mechanic's lien or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, stipulating against any liens, shall be an independent covenant. Witness, our hands and seals this SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Witness By: ALLAN G,A, LBRAITH , For: GALBRAITH PREDESIGN, INC. . GOBII~ For: G & G ENTERPRISES For: G & G ENTERPRISES COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) ON THIS, the / day of ,/~.~!'¢'~.~/~ 1 , 2002, before me, the undersigned officer, personally appeared ~ICHARD I. GOBIN and BRYAN R. GOBIN, general partners in G & G Enterprises and that they as such, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the partnership by themselves as general partners and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA (SEAL) ) : SS. COUNTY OF CUMBERLAND ) ON THIS, the ~/-H~ day of /~~;~.,-~ , 2002, before me, the undersigned officer, per~onally appeare~t ALLAN GALBRAITH, President of Galbraith Predesign, Inc. and that he as such, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as President and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Lisa M. Greason, Notary Pu~tic Ca~k~ Boro, Cu~nbe~and Cour~y My Com~ss~on ~q~re~ Sept. 9, ~0~6 (SEAL) LEGAL DESCRIPTION 219 North Baltimore Street, Mount Holly Springs PA 17065 All those two certain lots or pieces of ground with the improvements thereon erected situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Tract No. 1: BEGINNING at a corner of land now or formerly of Theodore A. Tichy et ux; thence along the Carlisle and ~anover Turnpike (Baltimore Street) South five (5) degrees East, th try-three (33) feet to a point; thence along lands formerly of Martha E. Early, and now or formerly of the First National Bank of Mount Holly Springs, Pennsylvania, North eighty-two (82) degrees West, one hundred ninety-eight (198) feet to a point in the Eastern line of a twenty (20) feet alley known as Wood Alley; thence along said alley North five (5) degrees West, twenty-six (26) feet nine (9) inches to a post, a corner of land now or formerly of said Garonzik; thence along the same lands, North thirty-eight (38) degrees East, one hundred ninety-seven (197) feet to the place of BEGINNING. _T..ract _No._2: BEGINNING at a point on the East side ora twenty (20) feet public alley known as Wood Alley; thence along property now or formerly of Arnold Garonzik and wife in a Northeasterly direction, a distance of thirty-seven (37) feet to a stake; thence by the same in a Southeasterly direction, a distance of one-tenth (.1) of a foot to a point; thence by the division line of the property of said Garonzik and the property herein described in an Southwesterly direction a distance of thirty-seven (37) feet to the East side of the above mentioned public alley; thence by the East side of said public alley in a Northwesterly direction, a distance of one and twenty-five hundredths (1.25) feet to the place of BEGINNING. BEING known and numbered as 219 North Baltimore Street, Mount Holly Springs, Pennsylvania. AND BEING the same premises which Wayne R. Boyd, single man, by his deed dated March 10, 1998 and recorded March 10, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 173, Page 348, granted and conveyed unto Richard I. Gobin and Bryan R. Gobin. 225 North Baltimore Avenue, Mount Holly Springs PA 17065 All that certain tract of land with the improvements thereon erected, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: BEGIN N ING at a point on the Western line of North Baltimore Aven ua, at the Northern line of land now or formerly of Richard I. Gobin and Bryan R. Gobin; thence along the Western line of Baltimore Avenue, Northwardly 120.5 feet, more or less, to a point on the line of land now or former y of Troy S. Russell; thence by the atter land. Westwardly 194 feet, more or Jess, to the Eastern line of Wood Alley; thence by the Eastern line of said alley, Southwardly '~17 feet 2 inches, more or less, to the line of land now or formerly of Richard I. Gobin and Bryan R. Gobin; thence along said Gobin land, Eastwardly 197 feet, more or less, to Baltimore Avenue at the place of BEGINNING. HAVING thereon erected a business property known and numbered as 225 North Baltimore Avene. SUBJECT, HOWEVER, to the restriction imposed upon the land in Deed Book "S", Volume 21, Page 868. BEING the same premises which Samuel R. Calabretta, by his deed dated May 15, 2000 and recorded May 17, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 221, Page 445, granted and conveyed unto G &G Enterprises.