HomeMy WebLinkAbout00-05892
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ST. JAMES PRESBYTERIAN CHURCH,
Owner
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
2000 - ,/;X1ri- MLD
ARTHUR FUNK & SONS, INC.,
Contractor
STIPULATION AGAINST LIENS
THIS STIPULATION is made this 22nd day of August, 2000
between ST. JAMES PRESBYTERIAN CHURCH, a Pennsylvania nonprofit
corporation, with an address at 1425 Orrs Bridge Road,
Mechanicsburg, Pennsylvania 17055 ("Owner"), and ARTHUR FUNK &
SONS, INC., a Pennsylvania corporation with an address of 1405
Birch Road, Lebanon, Pennsylvania 17042 ("Contractor").
Backqround
A. Owner is the legal owner of certain real property
located at and known as 1425 Orrs Bridge Road, Hampden Township,
Cumberland County, Pennsylvania, more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference
(the "Property").
B. Owner and Contractor have contracted for the design,
erection, construction and completion of a multi-purpose room, an
expanded education wing, and related improvements, within and on
the said Property by agreement dated August 22, 2000 (the
"Contract") .
C. Contractor has covenanted, promised, and agreed that no
mechanics' or materialmen's lien or claim will be filed or
maintained in the Property or any part thereof, or the curtilage,
or curtilages appurtenant thereto, either by itself or anyone
else for or on account of any work, labor or materials supplied
in the performance of the Contract, or under any supplemental
contract for extra work, or in any other erection, construction,
or completion of improvements on or to the Property or any of the
curtilages appurtenant thereto.
D. This Stipulation Against Liens is intended to benefit
and protect Owner, its mortgagee(s), and their respective
successors and assigns.
The parties agree as follows:
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W AlVER OF RIGHT TO FILE
MECHANIC'S LIEN
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WHEREAS, St. James Presbyterian Church, ^ entere into a contract"with Arthur Funk
and Sons, Inc. , to provide materials and perform labor necessary for construction ofL upon a lot
of ground located at 1425 Orr's Bridge Road, Mechanicsburg P A 17055 ~ _p,,,~c.iJ e{4S~r_ "',...~
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NOW, THEREFORE, it is hereby stipulated and agreed by and between said parties, as
part ofthe said contract and for the consideration therein set forth, that neither the undersigned
contractor, any subcontractor or material man, nor any other person furnishing labor or materials
to the said contractor under this contract shall file a lien, commonly called a mechanic's lien, for
work done or materials furnished to the said building or any part thereof
This stipulation is made and intended to be filed with the County Prothonorary within ten
days after date, in accordance with the requirements of Act of Assembly of Pennsylvania, in such
case provided.
IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals
the 2biday of August 2000.
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E<HIBlT nAil .'
ALL THAT CERTAIN parcel or tract of land, situate in the Township of Hampden, County of
Cumberland, Commonwealth of Pennsylvania. bounded and described in accordance with a Survey by
Michael C. D'Angelo, Registered Surveyor, dated June 25,1984, as follows:
BEGINNING at a point in the Western right-of-way line of Orrs Bridge Road at the Nonhem line of
Roth Lane; thence along said Lane, North 81 degrees 28 minutes 12 seconds West, 164.76 feet to a
point; thence continuing by the same North 82 degrees 09 minutes 31 seconds We~ 286.07 feet to a
point at land now or formerly of Edmundson; thence by the same North 13 degrees 59 minutes 00
seconds East, 525.91 feet to a point; thence still by the same North 76 degrees 01 minute 00 seconds
West, 247.89 feet to a point; thence North 14 degrees 44 minutes 49 seconds East, 301.74 feet to a point;
thence South 75 degrees 15 minutes 11 seconds East, 390.16 feet to a point; thence North. 14 degrees 45
minutes 00 seconds East. 165 feet to a point in the Southern right-of-way line of a proposed extension of
Mountain View Road; thence by said Southern right-oE-way line of Mountain View Road, South 75
degrees 15 minutes 00 seconds East, 25 feet to a point; thence South 14 degrees 45 minutes 00 seconds
West, 165 feet to a point; thence South 75 degrees 15 minutes 11 seconds East, 277.21 feet to a point in
the aforesaid Western right-of-way line of Om Bridge Road; thence by the said Western right-of-way
line of Orrs Bridge Road, South 13 degrees S9 minutes 00 seconds West, 772.13 feet to the point and
place of BEGINNING.
BEING THE SAME premises which Presbytery of Carlisle of the Presbyterian Church (U.S.A.).
fonned)' known as Presbytery of Carlisle of the United Presbyterian Church in the United States of
America, a Pennsylvania nonprofit organization by their deed dated 12/28/89 and recorded in the Office
of the Recorder of Deeds in and for Cumberland Count)', PeMsylvania, on 12/29/89 in Deed Book 1-34,
page 693, granted and conveyed unto St. James Presbyterian Church, a nonprofit cOIporation, the
Mortgagor herein.
Parcel No: 10-15-1285-019A
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