HomeMy WebLinkAbout02-5554Stipulations Against Liens
John L. Peffer and
Jo¥ce Durnin Peffer, husband and wife
VS.
Dennis. D. Blauch d/b/a
D.B. Construction
Contractor
in the Court of Common Pleas, County of
Cumberland , Pennsylvania
Number/~2~ht /~/, t~') Term, 2002
Whereas, the Owner is about to execute contemporaneously herewith, a contract, with said
contractor, a sole proprietorship organized and existing under the laws of the State of
Pennsylvania, for the General Construction work located within the lot of land situate in
Middlesex Township being known and addressed as 106B WoWs Bridge Road, as further
described on the deed for the propen'y attached herewith.
Now, Therefore, on November 14, 2002, at the time of and immediately before the execution
of the principal contract, and before any authority has been given by the said owner to the said
contractor to commence work on the said project, or purchase materials for the same in
consideration of the making of the said contract with the said comraetor and the further
consideration of One Dollar paid to the said contractor by the said owner, it is agreed that no
mechanic's claims or other liens shall be filed against the building and/or ground appurtenant
thereto by the comractor, or any sub-contractor, nor by any of the material men or workmen or
any other person for any labor, or materials purchased, or extra labor or materials purchased or
furnished in connection with the construction of the said project or any part thereof, the right to
file such liens being expressly waived and relinquished herewith.
~itness, our hands and seals the day and year aforesaid.
Wimess 0~hn L. Peffe~~ (~t -
Owner
Witness
'Joy~e Dumin Peffer ~" Owner
D.B. Construction
Contractor
Signature
Dennis D. Blauch
Printed Name and Title
THIS DEED,
~IADE THE ~.. ~e~ day of ~ in the year o~~
cur Lord one thousand nine hundred and fifty-seven
BETWeeN E~L~A F. ';;ENTZ, (WIDOW), of Middlesex Township, MARY A.
BROWN, in her own right, sod ALBERT D. BRlyHN, her husband, of
Middlesex Township, ;{ELEN E. GROVE, in her own right and
HUSSELL D. GROVE, her husssnd, of Carlisle, ESTHER M. HOST~TTEH,
'(UNMARRIE~D), of Carlisle, JAMES C. DURNIN and DORIS I{. DU~;IN,
his wife, of North Mlddleton Township, JO~ LU~ER DURNIN and
GRACE '~;. DU~NIN, his wife, of Middlesex Township, and JOYCE
DUFf{IN PEFFEH, in her own right and JOHN L. FEFFEH, her husband,
of Monroe Township, ell of Cumberland County, Pennsylvania,
heirs-at-law of Frances B. D~rnin, late of ~iddlesex Township,
Cumberland County, Per. nsylvania, deceased, parties of the first
part, GRANTORS,
JOHN L. P~F~'~ an~ JOYCE DU{{NIN PEFF~R, his wife, of Monroe
Township, Cumberland County, Pan,sylvania, parties of the
second part, GRAN~S,
WIT~SET;{, ~at In conside~tlon of Nine ~ousand Five H~d~d
($9500.00) Dollars, in hand paid, the ~eceipt ~reof is hereby
ae~pwledged, ~e said ~rantors do he.by ~rant and convey to
the said Eranteea, their heirs and assize, as tenants ~y the
enti~tles,
~L those Pivc (5) certain tr~cta of imp~ved fe~ land
situate in Middlesex Township, C~berlsnd Co~ty, ,ennaylv,~ia,
~'~ded and descrt~ed ss Tollows:
~ACT Np. 1:
ALL ~t tract, farm or parcel er land, sit~ted, lyi~
and bei~ in the said Township of Mtd~esex, (fo~rly North
Middleton), in the Co~ty and Sta~ aforesaid, and ~ded and
described as follows:
BEGINNING at a post; thence oy lands now or formerly of the
heirs CT George Ropler, deceased, South Eighty-four and Threo-
fourths (8~ 3/~) degrees West, Thirteen aha Seven-tooths (13.7)
~erch~s to a post, South Seventeen (17) de&roes One and Six-
tenths. (1.6) perches to a post; thence South Eighty-five a~d
One-fourth (85~) deErees '~est, Fifty-five (55) perches to a
post; thence by lands now or formerly of James Bredin and James
Roble, and Tract No. 2 herein described, North Five (5) degrees
West, Forty-eight and Eight-tenths (~8.8) perches to a white
oak; thence oy lands now or formerly of Nicholos Hartman's
heirs, (Tract Nc. 2 herein descriSed), Not, th Sixty-five and One-
half (65,~) de~rees East, .~himty-nine and ~ive-tsnths (39.5)
parches to s dead white os~, l~orth ~lcJ~ty-cit,.ht (8'3) de,roes
East, Thirty-one (31) perches to a psat; thc, nco by ls~ds now
or formerly cf the heirs of George .~opler, ~outh Five '~.~ one-
fourth (5~) decrees E,~t, ~tfty-one (51) pcrche~ to the rl~ce
of BEGINNING°
CONTAINING rwenty-one (Pl) Acre~ and -orty (4'~) ~'erch~',
strict measure.
Page 430. granted e~ conveyed to ~a.ria. M. Hetrick and Emma .
~u~nin aa Joint tenants. And the exd Marie M. Hetrick devised
hex..undivided one-half interest to
dated March 1. 1867. and recorded In Z~ill ~ok O. Page 1~.
A~ that certain t~ct of land sltuate ~ the To.ship
of Middlesex, (fo~e~ly No~ Middleton), Cowry and 3tats
.arc.said, bo~ded and described as follows:
~$~m~i~ a~ a pine, corner of lands now or fo~erly of
~d~ew ~aabla and Pete~ Stocki thence by lands now ov fo~erly
of ~he said ~ew ~haubla. Sou~ ~irty-ntne a~ One-~lf
~sct ~o. I he. In es · ~.'~ t~u~ ~rches to s stone.
~ . d eribed), t~e~,ee
· ha~ (5~} ~es ~e-~ ~-- ~ ~ , euth ~ve and
--, ''~'~Y-~O and ~e-tenth (~2.1)
KUTS, South ~ht~=fouP smd O~8-~lf (8~} do~es ~oot, ~o~y-
one (~1) PO~ehes to a stone; thence ~ lands fo~erly pa~t of
t~s t~et, Ne~h ~l~Y-~o (32) de~es East. Perry-six and
aeneas West. Fogy-six a-~ m~.~ . ~r~.~-~eu), -o~h Eight (8)
~en ~ pe~hes to 2~ ~lsee oS ~I~IN~, ~ es us~=, Nine-
COIITAINII~ ~enby-th~e (23) ,%c~s ond One Wund~ed ~enty
{120} ~hes, strict measure.
~ING ~e sums tract of land ~hich PeteP ~tock end Sib~lls
Ma~ch. 18~1. and ~corded in the Office of the Hecorder of Deeds
In an~ ~o~ ~berls~ Co~ty at Carlisle, Pennsylvania In Deed
Book P . Vol~ 7. Pa~e ~3, ~rsnted and conveyed to
,~AOT NO. 3:
ALL that certain sm~ll tract of land situated in Middle-
sex Tewnshlp, (formerly North Middleton}, County of Cttmberlsnd
and State of Pennsylvania, bounded and described as follows,
to-wit:
BE~INMIN~ et s stone; thence by land now or fo
Five-tenths (9.5) perches to a stone; thence by s~mo, }Teeth
Fourteen and One-rough (1~}) decrees West, Thirty-five
Eight-te~nths (35.~) perche~ to a ~tone; thence
~Au.~; porche~ to e ~ine nt~o..~ ~.~"~'"~ '~e-~enths
0ne-hale {8~) dem~e~ ~ '..,d ~o~n. aoscrf~ed), Sou~h 'ilght snd
~evches ~o ~h~ p~sce of BE~I{~~lx and ~lEht-tentha (~.8)
COI;TAI~IN~ Oho (1) Acre an~ One !t~ved Fifty-four
dee~ bs~P~n~ d~e t]lo 9"~ ~ ~'~'~ ~'~ o~eob ~. ~{ohPop. by his
~[*~.ux~c~ OX rno aecovdev of Dee~s An and ~o~ C,,~,..~
AND the said Emma DurT~in died intestate on the 21st day of
November, 1580, leaving to survive her a husband, Co~nellus
Durni,n, who died February 26, 1913, and two children, Ma~y A.
Durnin and John M. Durnfn.
AND the said Mary Durnin, by her deed bearing date.the
~Oth day of September, 1913, and recorded in the Office of the
Recorder of Deeds in and for Cumberland County at Carlisle,
P~nnsylvanis in Deed Book "Z", Volume 8, Page 308, gmented and
conveyed her undivided one-half interest to John M. Du~nin,
2hue vesting title to John M. Durnin in fee simple to Tracts
Nos. 1, 2, and 3 herein described.
T~CT FO. 4:
ALL tlmt certain tract of land situate in Middlesex
Township, (formerly North Mlddleton), Cumberland County, Penn-
sylvania, bounded and described aa follows:
BEGINNING at a point, the Southwestern co~ner of Tract No.
2 herein ~eaoribad; thence Nox. th Thirt~y-two (32) degrees East,
Forty-six end Peru--tenths (46.4} perches to a stone; thence
still by Tract No. 2 herein described, North Forty-six (46)
de~ees West, Eighteen (18) perches to a stone; thence by Tract
NO. 3 h~mein described, North Forty-six (45) degrees West, Nine
and Five-tenths (9-%) perches to s stone; thence still by Tract
No. 3 her~In des~ibed, Nomth l~ourteen and One-fourth (14~)
d~grees West, Thirty-five and Eight-tenths (35.8) pa~ehes to a
ator~, at corr~r of land now or formerl2 of ~scob Thudium;
th~.nce._,by land now or Per, hotly of said Jacob ~hudium, South One-
hsA~ ~ degree West, Ninety-fou~ (94) perches to a stone;
thenae North Eighty-four and One-half (~4}) de,tees East, Form
and Four-tenths (4.4) pa~ches to a point, the Southwestern
corner of Tract No. 2 herein described, tho place of BEGINNING.
ALL that certain tract of land situate in Middlesex
Township, (formerly North Middleton), Cumberland County, Penn-
sylvania, hounded and described as follows:
BEGINNING at a point, the Northeastern co~ner of Tract No.
2 herein described, which point is in line of land now or Per, hotly
of Wllllem Koontz heirs; thence North Thirty-nine and One-half
(39}) degrees West, Seventy-seven and Five-tenths (77.5) perches
to a stone; thence ¥~ost Seventy-seven and Five-tenths (77.5)
perches slon£- land now or formerly o£ ssl~ Koontz heirs and land
now or formerly of William Braught to a stone in line o£ land
now or formerly of said William Braught, at corner of land now
or formerly of F. Mantzor; ~hence South Fifty-seven (57) degrees.
West alon~ land now or fommerly of said F. Mentzar, a distance
of Eighteen and T~o-tenths (18.2) hatches to s locust block, at
corner of land now or formerly of ~scob Thudlum; thence along
land now or formerly of said Jacob Thudium, South Thirty-one
(31) degrees East, a distance of Seventy-four (74) perches to
a ~tone, the Northwesto~-n corner of T~sct No. 3 herein doscrAbed;
thence along said Tract Nee 3 hemmin described, North Sixty
and 0ne-half (60}) degrees East, Ten and -~'ivs-tenths (10.5}
cribed; thence along said Tract ~'o. 2 herein described, Nomth
Sixty-two (6~) degrees East, a distance of Nineteen (19} perches
to a point, the place of BEtI!~IN~o
DEEDS conveying Tr.~cts Nos. 4 sn:t 5 to the Durnin £amil2
Z44
John Mo Du~nin occupied exclusively all five tracts of
Land hel~tn doecribed since ~eptemt)er 20~ 1~1~ and clawed
sole and exclusive title to all five t~scts he~ein desc~bed
since ~p~embe~ ~0, 1913-
~ the said Jo~ M. D~n died on the l~th day of Jan~ry,
19~o, testate, having first ~de his ~st ;~ill and Tests~nt
bear~g date the 11~ ~y of Janus., 19~0, since ~s de'arb duly
proved and ~ining of reco~ in the Office of the Register of
Wills In and for C~berland Cowry at Carlisle, Penns2lv~ia
·lll ~ok Ne. ~1, Page 262, wherein he provided as follows~
aY. ~e ~alanee of ~ es~te, ~al amd personal, I give,
devise and beq~ath ~to ~ wife, Frances B. D~n, her
~ said Frances B. D~n died lntes~te on the. 31st day
of Ma~, 1956, leavin~ ~ s~ive her four ~au~ters and the
issue of a deceased sen, the~ ~el~ ~e ~entz, Ma~ Brown,
~len ~ve, Ester ~estetter, a~ th~se children of her
deceased son, Jo~ ;~. ~ln, whe died in 19~2, they bei~
J~es ~min, J. Luther D~n, and Joyce D~nln Pellet.
~ afo~said chlld~n and ~randchild~n of Jebn M. Du~n
and ~a~es B. Dumin, to.that wi~ their respective spouses,
are the GRA~TORS he.in.
T~CT NO. 1 and TRACT NO. 2 herein descried are sho~ on
26, e 1
the Western most tract of land sho~ on said attached d~ft, a
~ ~fe~nce.
~CT NO. 1 herein described is the Eaate~ most tract
sho~ on said attached sudsy.
TRACT NO. 2 he~ein described is the center tract shown on
said s~ey.
~CT NO. 3 he~ descri~ed is not specifically shown
said s~ey but la included in the ~ms~ni~ portion of land
sho~ on the attached s~vey, said Tract No. 3 herein described
~ ~m~diately West of T~ct No. 2 he.in described, the
bo~da~ of Tract No. 3 bei~ a continuation in a
Westerly d~ction of the ~;crther~ oounda~ of Tract No. 2
herein described.
~CT NO. ~ he.in descried lies South of Tract No. 3
sin described and ~est of Tract ~o. 2 he.in described.
~ACT ~O. 5 herein described lie~ i~edis~ely ~orth of
Tracts Nos. 2 and 3 herein described.
Joy~e Durnin peffer already has vested in her th,~ ~dividet
one-fifteenth ~nte~st in the within described nroperty ~nd there-
o~ no transfer tax Is payable for th~s inter*st which ~s equal
~o Six Hund~d ~l~y-three (~633-00) Dollars.
with the said g~antees, that they, the grantors, their heirs,
executors and administrators, s~ll and will war~nt GE~RALLY
and fo~ver defend the herein above described premises, with the
hereditements and appurtenances, unto the said g~ntees, t~eir.
other ,.er~on lawfully cl~imiu~ ~,r v~ho shall hereafter clai~ the
IN ';tITNESS ;'IHEREOF, the said grantors have hereunto set
their hands end seals the day and year first abova written.
~I~NE~, SEALED A~D DELIVERED
IN THE PP, ESE~ICE OF
- m~B~y A. B~n (~AL
~TATE 0~' PENNSYLVA~;IA )
COUN~ OF C~BERL~ ) SS.:
On this, the ~ day of ~ , 1957, b6fore
~, the~under~ig~d office~, personally appea~d ~s W. Wentz,
(wido~ and Esther M. Hostetter, (~rried), kno~n to ~ to
~e the persons whose names are subscribed to the ~=lthin instant
and ac~owledged thet they executed the =~mc for the purposes
t~ rein contained.
' On this, the ~"' day of ~ , 1957, before
'purposes therein contained.
IN WITNESS W~E~OF, I hereunto set my hand and off to
On this, the ~- ~ day of ~ , 1957,
IN WI?I;ESS W~i~REOF. I hereunto set my hand and offic
STATE OF PEN~TSYLVA}TIA )
: SS.: '* ...........,
be~ol~e me, the undersigned officer, personally appeared James
C. Du~in and Dor~s ~. D~ln, ~s wife, ~own to m~ to be the
persons whose names a~ subscribed to the '~ithtn ~nstr~ent,
and ac~wledged that ~ey executed the same for the p~poses
the:ein contained.
IN WI~;ESS W~REOF, ~-hero--to set my hand and offici~
seal.
STATE OF PENNSYLVATIIA )
COU};TY 0,,' CU~BERLA'TD
On this, the ~-~ da~ of ~ , 1957,
the undersiEned officer, personally appeared John Luth
and 6race W. Du~nin, his wife, known to me to be the
nowledged that thay executod tho s~m. for the Furl'o:
WHEREOF, I hereunto set ,my hand and
· ~ ~a,~ c.,.,., t~mM,,.,~ ~,~.~ ~..~4~' ~.
STATE OP PE~'~.ISYLVANIA )
COUN,Ty O~ CUMBERLAND )
before me, the undersigned officer, pe es
Durnin ce
Pellet, in her own right, end John L. Pellet, her
husband, known to me to be the parsons whose names are sub-
scribed to the within instrument, and acknowledged that they
'executed the same for the pu~ooses therein contained.
IN WITNE3$ WHERgOF, I hereunto set my hand and official
I here~y certify that ~e precise residence of the within
named grantees is ~.~, ~ ~