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HomeMy WebLinkAbout97-06092 REX R, CARMICHAEL, Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. (n ((U7,i H. EDWIN BERKHEIMER, Contractor '~X.ULA~IO. AQAXM8~ LIBM' WBna~, REX R. CARMICHAEL ot ~6 Dogwood Lane, Dillsburg, Pennsylvania, hereinatter called "Owner" are about to execute conte.poraneou81y herewith a contract with H. EDWIN BERKHEIMER ot , '., I I' .i.. 1'\ I . .. , County, Pennsylvania, hereinatter called "Contractor" tor the erection, construction, alteration or repair ot a building and other improvements upon the property and real estate known as Lot 17, Lynes Road, Dillsburg, Pennsylvania, 17019, more particularly described in a Deed dated July 17, 1997 and recorded July 21, 1997 in Deed Book 161 at Page 450, Cumberland County records and also recorded Auguet 5, 1997 in Record Book 1298 at Page 907, York County records. MOW TBBRBWOaB, it ie stipulated and agreed between the parties, as part ot the contract and in turther consideration thereot, that neither the Contractor or any subcontractor or materialmen, nor any person turnishing labor and .aterials under the contract or any supple.ental contract, may tile a lien, commonly called a Mechanics' Lien, under the contract or any supple.ental contract, oral or written, tor work done or lIaterials turnished, such right being expressly waived. Contractor warrante and represents that no work ot any kind has been done and no .aterials have been turnished, delivered or ordered in connection with the contract or any supplemental contract for extra work. Contractor turther agrees to indemnity Owner trom any and all damages, costs and expenses, includillg reasonable attorney's fees suffered by OIoIner as a result ot any Uen tiled or claim asserted against the property by Contractor, or any subcontractor, materialmen, workmen or any other person in violation ot this stipulation. x. WX'l')fJl.8 WBBRBOW, this pc day ot J\J~Jt......b-.r , 1997, the parties have executed this agreement intending to be legally bound. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF OWNER: ~}~AU t. ~'o REX t'~ICHAEL CONTRACTOR: rJ ,7 /1 0( g:.. :t?&,... ID,...,aJ.- ~ H. ~~IN lYERKHEIMER - .. '( ---....-. . ALL THAT CERTAIN tract ot land predominantly situated in Monroe Township, CUIlIberland county, pennsylvania, and a .mall portion .ituate in carroll Township, York county, pennsylvania, acre particularly bounded and de.cribed a. tollow., to wit: BEGINNING at . point on the we.tarn aid. ot Lyn.. Road al.o Itnown .. Township Road T-882; thenc. along the western .id. ot Lyne. Road, South twenty-on. (21) degre.. thirty-two (32) minut.. titteen (15) seco~ ...t, on. hundred and twenty-two hundredth. (100.22) fset to a point on the we.tarn .id. ot Lyn.. Road al.o Itnovn .. ToV1Ulhip Road T-882; th.nce along lana of RAndy Hottun, the tollowing cour... and distanc..: South sixty-four (64) degr.e. ~orty (40) .inut.. :aero (00) ..conci8 West, tifty-thr.. and twenty- one hundredtlw (53.21) t.et to a point; thence South torty-six (46) d.gr.e. nine (09) minut.. :aero (00) .econd. We.t, two hundred .ix and 8ix hundredtlw (206.06) teet to a point; thanc. South tifty-two (52) d.gr... .l.ven (11) .inute. lero (00) ..cond. West, tour hundred twenty-.ight and thirty hundr.dtlw (428.30) t.et to. .t.el pin in concr.t. .t land8 of Steven D, Lynes; thene. along the last untioned lands, North elaven (11) degr... thirty-fiv. (35) .inut.. thirty-six (36) ..cona West, thirty-on. and sixty-five hundredth. (31.65) fe.t to . .teel pin in concrete; thsnc. along th. last .entioned land., South fifty-two (52) degree. forty-.even (47) minut.. twelve (12) ..cond. West, two hundred thirteen and twenty- nine hunclredtlw (213.29) feet to . concrete acnument at lands ot John D. Woncler. and ThOll8. B. Glumac; thenc. along lands of John D, Wonders and ThOllA. B. Glumac, North fourteen (14) degree. twenty- four (24) ainut.. tourteen (14) .econds West, tour hundred eighteen and .eventy-thr.. bundredtlw (418.73) feet to a .te.l pin at lanci8 of John D. Wonders; thence along last mentioned lands, North forty- six (46) degre.. .even (07) .inut.. 8ix (06) .econd. EAst. thre. hundred thirty-two and tifty-tour hundredthS (332.54) teet to a pipe; thenc. along lands of Mary Irall, North forty-six (46) degre.. .even (07) ainutes .ix (06) .econd. East. one hundred thirty-two and twanty-fiv. hundredth. (132.25) feet to a point at lanci8 of carl Lynes; thence along lands of Carl Lyne., South forty- tbre. (43) degr.e. fifty-two (52) minute8 fifty-four (54) .econds East. thr.e hundred sixty-one and thirty-three bundredth. (361.33) feet to a point; thence along the last mentioned land the following course. and distances: North forty-six (46) degre.. nine (09) .inuts. lero (00) .econds East. one hundred .eventy-two and torty- two hundredths (172.42) feet to a point; thence North sixty-fOur (64) degre.. forty (40) minutes zero (00) seconds EAst, .eventy-six and fiftean hundredths (76.15) feet to a point on the western .ide of Lyn.. Road also Itnown as Township Road T-882 and the place of BEGINNING. BEING Lot No. 7 on a Pinal Subdivision Plan for Clark L. and Dorothy Slothower prepared by John L. willi.... Registered surveyor, dated Jun. 19. 1992 and recorded in the Office of the Recorder of Deeds in and for CUmberland county, Pennsylvania, on Auqu.t 7, 1992 in Plan Book 64 at Page 121. . BEING the .... premi... which Clark L. Slothower and Dorothy N. Slothower, bia wife by their D.ed dAtlld July 17. 1997 and r.corded July 21, 1997 in the Offic. for the R.corder of Deeds in and tor Ct.lIIh4rland COunty, P.nn.ylvania, in De.d Book 161 at page 450, granted and conv.y.d unto Rex R. C4r111icha.l, a single person; and being the .... pruia.. which Clark L. Slothower and Dorothy M. Slothower, biB wit. by th.ir D..d dat.d July 17, 1997 and recorded Auquat 5, 1997 in the Offic. tor the Recorder ot De.d. in and tor York County, penn.ylvania, in Record Book 1298 at Page 907, granted and conv.yed unto Rex It. CarIIIichael, a sinqle person. UNDER AND SUBJEC'l', NEVERTHELESS, to .a.u.nu, conditions and r..triction. ot prior r.cord pertaining to .aid pr..i.... .. . ~ ~ ~ ~ ~ 0 1 ~ 8 ... ~ ~ .... ~ 3 -. ~ f ~ j 1 ~ r- :~; . ; ., . , " ) .'i . , ,., , : ! .... -, i- f