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HomeMy WebLinkAbout03-1033STIPULATION AGAINST LIENS THIS AGREEMENT made this ~} day of Fm~&~j , 2003, by and between H. Edwin Berkheimer, hereinafter referred to as Contractor, James M. Kauffman and Jenna C. Kauffman, husband and wife, hereinafter referred to as Owner, whereby the contractor undertook and agreed to erected and construct a dwelling on the certain lot of ground situate in South Middleton Township, Cumberland County, Commonwealth of Pennsylvania, and more fully described in Exhibit "A" which is attached hereto and made a part hereof known as Lot #55, Hickory Court, Indian Hills, Cumberland County, PA. NOW THEREFORE, THIS AGREEMENT WITNESSETHi: ~'' That the said '~ " Contractor, for an in consideration of the sum Of ('$1-.00). Dollsr'.'t0 .... ' Contractor in hand paid by. Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for itself, himself or themselves and its, his or their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and the said Contractor, for itself, himself or themselves, its, his or their subcontractors and others under them, hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals the day and year first above written. Signed, sealed and delivered in the presence of Witness : Jenna C. Kauffman' COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : On this, the ~'day of ~m~ , 200'3, before me, the undersigned officer, personally appeared H. Edwin Berkheimer, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. KN~)i L LENI~I~ NOTARY I~Jl~lO_ _ i ~AI~Li~LE BORO, CUMBERLAND (~OUNT~ _ I ~y OOMM~S$~ON EX.RES FEBRUARY ~0. ~ 1 ( SEAL ) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the ~t~ day of , 2003, before me, the undersigned officer, personally appeared James M. Kauffman and Jenna C. Kauffman, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL I(ANDI L LENKER, NOTARY PUBLIC ~ARUELE BORO, CUMBERLAND COUNTY' MYCOMMISSION EXPIRES FEBRUARY20, 2005 Exhibit A ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, and more particularly identified as follows: LOT No. 55 on the Final Subdivision Plan of Indian Hills - Section II, recorded in the Office of the Recorder of deeds in and for Cumberland County, Pennsylvania, in Plan Book 77, Page 72, et seq., the metes and bounds description for which lot is as follows: BEGINNING at a point along Hickory Court (50 feet wide right of way) at the dividing line between lot No. 54 and 55 of the aforementioned Plan; thence along said dividing line North 00 degrees 33 minutes 22 seconds West a distance of 107.50 feet to a point; thence North 82 degrees 44 minutes 47 seconds East a distanCe of 110.00 to a point; thence South 31 degrees 36 minutes 24 seconds East a distance of 150.00 feet to a point on the dividing line between Lot No. 55 and Lot No. 56 of Said Plan; thence along said dividing line South 78 degrees 21 minutes 39 seconds' We~'t a distance of 135.00 feet to a point along Hickory Court (50 feet wide right of way); thence along Hickory Court on a curve to the left having a radius of 60.00 feet, an arc length of 67.50 feet and a chord bearing of North 58 degrees 19 minutes 38 seconds West to a point on the dividing line between Lot No. 54 and Lot No. 55 of said Plan, the point and place of BEGINNING. Being Lot No. 55 of the aforementioned Plan.