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Home My WebLink About00-05318 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W LOBAR ASSOCIATES, INe ClaillUlnt : : : No. 6 (] - So? I P (r)J....[) I~ vs. : CHARLES H. EICHELBERGER, JR. & ROBERT D. EICHELBERGER Defendants : STIPULATION AGAINST LIENS WHEREAS, I-OBAR ASSOCIATES, INC, Qf 4 Bar/o Circle, P.O. Box 432, DiNsburg, PA 17019-0432 (nGeneraI Conmu:torn) Has Entered IntoA Controd With C1uules H. Eichelberger, Jr. And RobertD. Eichelberger ("Owners") The Erection, Construction, Alteration, Or Repair QfImprovemmts Upon TheLotQfGroundBeing Lot 2-A On The Final Subdivision Pltm for Arnokl Fuel Oil, Inc., SuM Plan Being Recorded On 16 April 1999 in the Cumberland County Recorder Qf Deeds Office In pfan Book 78, Page 134. Being A Part QfThe Same Premises Which Charles H. Eichelberger, Jr., And Robert D. Eichelberger, By Deed Dated 24 January 1994 And REcorded27 January 1994 In The Cumberland County Recorder Qf Deeds Office in Deed Book "T", Volume 36, Page 934, Granted And Conveyed Unto Charles H. Eichelberger, Jr., And Robert D. Eichelberger Qf Which C1uules H. Eichelberger, Jr. And Robert D. Eichelberger ("Owners" Are The Title Holders Of Record WHEREAS, It Is The Intention QfOwnersAnd General Contractor That Neither Said LotQfGround Nor The Improvements Erected Or To Be Erected Thereon ShuN Be Subject To A Lien For Debts Due By Owners To General Contractor Or By General Contractor To Any Subcontractor Or Supplier For Labor Or Moterials Furnished In The Said Erection Or Construction, And The Right Of Anyone To Gaim Any Such Lien Be Waived Hereby. NOW THIS AGREEMENT WITNESSETH: ThatContractor, For AndIn Consideration QfThe Contrad Aforesnid And The Considerations Mentioned Thereunder, As Well As The Further Consideration Of One And 00/100 ($1.00) Dollar To It In Hand Paid By The Owners At Or Before The Sealing And Delivery QfThese Presents, The Receipt Of Which Is Hereby Acknowledged, And Intending To Be Legally Bound Hereby, Does Hereby CDvenont, Promise, And Agree For Contractor And Algi And All Subcontrtu:turs, Materialmen, Laborers, And Parties Acting For, Through Or Under Contractor, That No Mechanic's Lien Or Gaim Other Lien OrGnim Qf Any Kind Whatsoever Shall Be Filed Or MaintainedAgninst The Building, Improvements, Lot Of Ground Or Any Part Thereof, Or The Curtilage Or Curtilages Appurtenant Thereto By Anyone, And That All Sabcontractors, Materialmea And Laborers Shall Look To And Hald Contractor Personally Liable For All Subcontracts, Materials Furnished And Work And Labor Done. AND THIS AGREEMENT, Waiving The Right QfLknBy Alglone, ShallBeAnIm/epetulentCDvenantAnd Shall Operate And Be Effective With Respect To Work Done And Material Furnished Under Any Supplemental 'e.,',' I'~ "", '^ -.,;;:,:~~'~: -- y' ~ ~ <. Contract For Extra Work In The Erection, Construction And Completion Of The Building As Well As ToAny Work And Labor Done And Materials Furnished Under The Controd Aforesaid. AND, In Order To Give The Owners Full Power And Authority To Protect Owners And The Building, Improvements And Lot QfGround AgainstAny AndAII GniIilS yJletl By Contractor Or ~ne Acting Under Or Through Contractor In VIolation Qf The Foregoing Covenant, Contrtu:tor Hereby Irrevocably Authorizes And Empowers Any AiJorney Qf Any Court QfCommon Pleas Of The Commonwealth QfPennsylvanio ToAppear For Contractor In Any Of The Said Courts Qf Common Pleas As Attorney For Contractor And In The Contractor's Name, Mark Satisfi<<d Qf RecorJ At The Cost And Expense Qf The Contractor, Or Qf Any Sabcontractor Or Materialman, Algi And All Gnim Or Gnims, Liens QfI-ien, Filed By Or For The Contractor, Or Any Subcontractor Or Materialmen, Or In The Name Qf Any One Or More Qf Them Against The Building, Improvements, Lot Qf Ground Or Any Part Thereof, And, For Such Act Or Acts, This Shall Be Good And Sufficient Warrant And Authority, And A Reference To The Court, Term And Number In Which And Where Thi$lnstrument Shall Have Been Filed Shall Be A Sufficient Exhibit Qf The Authority Herein" Contnined To Warrant Such Action, And The Contractor Does Hereby Remise, Release And Quitdaim An Rights And A Manner Qf Errors, Defects And Imperfections Whatsoever In Entering Such Satisfaction Or In Any Wise Touching Or Concerning The Same. IN WITNESS WHEREOF, Contractor Has Executed This Instrument This 28th ~ Qf June, 2000. GENERAL CONTRACTOR: LOBARASSOCIATES, INC ATTEST: BY: NOTARY: State Of: P A County Of; ~ Sworn To Before Me This j <3 DJ9' ;~~o: BY: ~~d'Ln~~ (' f' fpd Notarial Seal Julie L. Eckert, N~11c DlIlsburg BolO, York My CommissIOn Expires Aug. 1 ,2000 m sr. nnsy an a II nes - \ ,,' ,,,-p"-' , '. ,~" ;';", ~~ . " i --'h. ~, , ",- "., ,~', OWNERS: CHARI-ES H. EICHELBERGER, JR. & ROBERT D. EICHELBERGER BY, ~ Charks H. Eichelberg , . BY: ~~ I R,m,;tD.e ATTEST: NOTARY: Stole Of: Penns.y.km,tt County Of: Ci rr1hdAnJ... Sworn To Before Me This d'!:-Day Of f/4!J2000: BY.. ~~ ~ 1fJ:10 -' , - _~;'1,L ,." ~~,f,__"',""; ',-" '- Notarial Seal Public Lisa A. KISn~ugh6~~~1and County S~~~~~~~~ion r~xpjres Apr. e, 2003 , <: ~,~~ -~< ','" - ~ ilII ., " ," ,...,11II ~"; ~''','~'TI:O.~'''.''f-'r_-'' ,-- ~,. -'<,-,'- ' '",,_.;', "",~.r)' " "." ,'C'" >?' <^,,>";: ,""t,'l~V'';P,."f!'~,'~.'~ '" ,:-,;' ;' ,~ -p ~ ~ ~ r ~ ~ ~ o , o to ;:p (-... "'- .... o () ~ -{:. ~:-- JF t , ,~, '. ~ll!lIIl1l1"lliJ.\!j,!,,~ , o C "1J~ ~~D ~,,::: ~~c.=: c.,. ~E~ :'::f -< .1r1l "~~ ,. -. .- HI....'" ~ "-" Cl a o -'l) ~ r= .., ;--,., ;--- w ,:;-'1 -.;:-:"j I (~) -rj ?,~'" :'1 (Y'o .".~ - . '~ .. AU~-01-00 rUE 10:45 AM JAMES D BOGAR '-- . FAX NO. 717 737 2086 p, 02 ..' , EXHIBIT nAil ALL THAT CERTAIN traot or parcel of land located South of Texaco Road (T-583) and being situated between l.ands now or formerly of Arnold Fuel oil, Inc., and lands now or formerly of Charles H. Eichelberger, Jr., and Robert D. Eichelbe~ger, in silver Spring Townshi~, cumberland County, pennsyl-vania, being more particularly bounded and described as fOllows, to wit: BEGINNING at a ~oint on the southern dedicated right-at-way line of Texaco Road (T-583), said point being on the dividing line between Lot 2-A on the hereinafter mentioned Final Subdivision Plan and lands now or formerly of John E. Keener, Inc.; thence along said dividing line South 29 degrees 57 minutes 05 seconds East, a distance of seven hundred sixtY-four and four one-hundredths (764.04) feet to a point; thence South 30 degrees 48 minutes 40 secon~s East, a distance of five hundred sixty-nine and thirty-one one-hundredths (569.31) feet to a point; thence North 77 degrees 13 minutes 17 seconds East, a distance of four hundred eighty-six and seventy-five one-hundredths (486.75) feet to a concrete monument: thence South 19 degrees 33 minutes 04 seconds East, a distanoe of seven hundred seventy-three and fifty-nin~ one-hundredths (773.59) feet to a point on the northern line of l~nds now or formerly of the Penn Central Railroad Company; thence along said lands North 67 degrees 25 minutes 45 seconds West, a dis~ance of one thousand nine hundred three and ~ix one-hundredths (1,9~3.06) feet to a point on the dividing line b'~tween Lot 2-A and Pare,el 2-B on the hereinafter mentioned final sub~l.ivi~ion Plan; thence ~long said dividing line North 57 degraees 07, min~tes 55 seconds Eas~, a distance of seven hundr~d seventy-five and zero one-hundredths (775.00) feet to a concr~te monument: thence North 29 degrees 57 minutes 05 seconds West, a distance of two'hundred and twenty~six one-hUndredths (200.26) feet to a point: thence North 57 'degrees 07 minutes 55 seconds East, a distanc$ of twenty and th~~e one-hundredths, (20.03) feet to a point; th$nceNorth 29 degrees 57 minutes 05 seconds West, a distance of five hundred seven an~ sixty-five one- hundredths (507.6~) feet to a point on th~ southern dedicated right-pf-way line of Te~aco Road (T-S83) on a curve to the right having a radius of three hundred seventy and zero one-hundredths (370.00) and an arc length of thirty and t~ree one-hundredths (30.03) feet to a point on the dividing li~e ~etween Lot 2-A and lands now or formerly of John E. Keener, Inc., the PLACE OF BEGINNING. CONTAINING 756, 270.75 square feet or 17.3616 acres. BEING Lot 2-A on the Final Subdivision Plan for Arnold Fuel oil, Inc., said Plan being recorded on April 16, 1999, in the Cumberland County Recorder of Deeds Office in Plan Book 78, Page 134. BEING a part of the same premises which Charles H. EiChelberger, Jr., and Robert O. Eiche1berqer, by deed dated January 24, 1994 and recorded January 27, 1994 in the Cumberland County Recorder of Deeds Office in Deed Book liT", Volume 36, Page 934, granted and conveyed unto Charles H. Eichelberger, Jr., and Robert D. Eichelberger, the Mortgagors herein.