HomeMy WebLinkAbout00-06132
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Charles C. Pearson, Jr. and
Virginia M. Pearson, Husband
and wife,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Owners
v.
J. W. MUMPER CONSTRUCTION,
INC.,
.~"
Contractor
NO. 00 - t&,J3~
P1J..:u ~'\
STIPlJl ATION AGAINST LIENS
WHEREAS, Charles C. Pearson, Jr. and Virginia M. Pearson, husband
and wife, of Camp Hill, Cumberland County, Pennsylvania (collectively the "Owner"),
have executed or are about to execute contemporaneously herewith a contract with J.
W. Mumper Construction, Inc., a Pennsylvania corporation, with offices at 1 Bull Run
Court, Mechanicsburg, Pennsylvania 17055 (the "Contractor"), for construction of a
two story natural stone frame dwelling with improvements (the "Improvements") on
property known and numbered as Lot 6 as described on a Two Lot Subdivision Plan for v~
Gemini Equipment Business Trust dated April 13, 1999 as prepared by Melham
Associates, PC, recorded in Cumberland County, Plan Book 79, Page 73, Upper Allen
Township, Cumberland County, Pennsylvania, more particularly described on Exhibit
A attached hereto, incorporated herein by reference and made a part hereof (the
"Premises").
NOW, August 24, 2000, before any authority has been given by the
Owner to the Contractor to commence work on the Improvements, or to purchase
materials for the same, or to enter into any contracts with any subcontractors or
materialmen, or to authorize any purchases by or through any subcontractors or
materialmen, in consideration of the making of said contract with the Owner and the
further consideration of One ($1.00) Dollar, to Contractor paid by Owner, and with the
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intent of all parties to be legally bound hereby, it is agreed that no lien shall be filed
against the Improvements, the Premises, or any part thereof, by the Contractor or any
subcontractor, or by any of the materialmen or workmen or any other person for any
labor, or materials purchased, or extra labor or materials purchased, for the
Improvements to the Premises (including hereafter changes made thereto), the right to
file liens being expressly waived.
It is the full intent of the Contractor, for itself and for any subcontractors or
materialmen claiming for themselves, or by, through or under the contract or the
Contractor, that the right to file a mechanic's lien, under the provisions of law and/or of
Acts of Assembly in such cases made and provided, for work done or materials
furnished in and about the construction of the Improvements to the Premises is hereby
waived.
IN WITNESS WHEREOF, Owner and Contractor have executed this
Stipulation Against Liens the day and year first above written.
WITNESS:
\,) .i..... ~~p~
C!a'/l/-
7-
O~R~;:
Charles C. n, Jr.
C)~~A;'~ ~~
Virgini M. Pearson
WITNESS:
CONTRACTOR:
J. W. Mumper Construction, Inc.
(A$S~
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F:\daw\6965 - PEARSON, JR. - CHARLES AND VIRGINIA\10049 - 3 Lots in Ford Farm\Documents\Stipulation Against Liens.doc
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EXHIBIT A
ALL THAT CERTAIN tract or parcel of land being situate in Upper Allen Township, Cumberland County,
Pennsylvania, shown as Lot 6 as described on a Two Lot Subdivision Plan for Gemini Equipment Business
Trust dated April 13, 1999 as prepared by Melham Associates, PC, recorded in Cumberland County, Plan
Book 79, Page 73, more particularly bounded and described as follows, to wit;
BEGINNING at a point on the southern right-of-way line of East Lisburn Road (S.R. 0114), a 50 foot wide
street, said point being the northwestern corner of Lands N/F Ralph S. Bailey; THENCE along the western
line of said lands South 15 degrees 09 minutes 19 seconds East a distance of 661.60 feet to an iron pin;
THENCE continuing along same, North 62 degrees 16 minutes 10 seconds East a distance of 837.03 feet
to an iron pin; THENCE continuing along same, South 00 degrees 28 minutes 52 seconds West a distance
of 171.16 feet to an iron pin; THENCE through other lands N/F of Gemini Equipment Company, the
following courses and distances South 00 degrees 54 minutes 20 seconds East a distance of 365.72 feet to
a point; 1) THENCE South 66 degrees 12 minutes 37 seconds West a distance of 513.24 feet to a point; 2)
THENCE along a curve to the right having a radius of 725.00 feet and an arc length of 469.60 feet, said arc
being subtended by a chord of South 84 degrees 45 minutes 59 seconds West a distance of 461.44 feet to
a point; 3) THENCE along a curve to the right having a radius of 325.00 feet and an arc iength of 408.24
feet, said arc being subtended by a chord of North 40 degrees 41 minutes 31 seconds West a distance of
381.93 feet to a point; 4) THENCE North 04 degrees 42 minutes 23 seconds West a distance of 200.74
feet to a point; 5) THENCE aiong a curve to the left having a radius of 775.00 feet and an arc length of
201.57 feet, said arc being subtended by a chord of North 12 degrees 09 minutes 26 seconds West a
distance of 201.00 feet to a point; 6) THENCE North 19 degrees 36 minutes 29 seconds West a distance of
196.72 feet to a point; 7) THENCE along a curve to the right having a radius of 25.00 feet and an arc length
of 39.27 feet, said arc being subtended by a chord of North 25 degrees 23 minutes 31 seconds East a
distance of 35.36 feet to a point, said point being on the southern right-of-way line of East Lisburn Road
(S.R. 0114); and 8) THENCE along said right-of-way line North 70 degrees 23 minutes 31 seconds East a
distance of 392.36 feet to a point, the PLACE OF BEGINNING.
CONTAINING 765,257.72 square feet or 17.570 acres, more or iess.
UNDER AND SUBJECT to Amended and Restated Covenants, Restrictions and Reservations applicable
to Ford Farm recorded in Miscellaneous Book 366, Page 217 and amended in Miscellaneous Book 367,
Page 412, as the same are intended to be further amended to cover this tract of land at a later date.
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