HomeMy WebLinkAbout99-03880?3SD MLD Term
No. 99 - .-
STIPULATION AGAINST LIENS
THIS AGREEMENT made the : ? day of J` 1999, by and between
LARRY V. NEIDLINGER, t/d/b/a LARRY V. NEIDLINGER CONSTRUCTION,
hereinafter referred to as CONTRACTOR,
and
R. MATT MENTZER and DAWN M. MENTZER, hereinafter referred to as OWNERS,
whereby the former undertook and agreed to erect and construct improvements to a dwelling
house on the certain lot of ground situate in South Newton Township, Cumberland County,
Pennsylvania, more fully bounded and described on the attached Exhibit "A".
NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said
CONTRACTOR, for and in consideration of the sum of ($1.00) Dollar to him in hand paid by
OWNER, the reeeipt whereof is hereby acknowledged, and the further consideration mentioned
in the agreement aforesaid, for himself and his subcontractors, and all parties acting through or
under him, covenant and agree that no mechanic's liens or claims shall be filed or maintained by
him 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 him 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 himself, his 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 real estate and/or 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 this
bound hereby.
y/I day of June, 1999, intending to be legally
LARRY V. NEIDLINGER CONSTRUCTION
BY:
LARRY V!NEIDLINGER U
?ontra for
R. MATT MENTZER
Owner
DAWN M. MEN ER
Owner
ALL that certain lot of ground, lying and being situate in the Township of South Newton,
County of Cumberland, Pennsylvania, referred to as Lot No. 11, more particularly
bounded and described in accordance with Subdivision Plan entitled "Land Subdivision
for High Mountain Estates". prepared by Carl D. Bert, Professional Land Surveyor, which
said Subdivision Plan has been approved by the appropriate municipal authorities and is
recorded in Cumberland County Plan Book 65, Page 126, as follows:
BEGINNING at a railroad spike in public road known and designated as High Mountain
Road (T-334), which railroad spike is at the common corner of Lot Nos. I I and 12 on the
above referred to Subdivision Plan and which railroad spike is in line of land now or
formerly of R. Edward Linn; thence along common boundary line of Lot Nos. I 1 and 12,
South 57 degrees 50 minutes 00 seconds West, 511.38 feet to an iron pin in line of Lot
No. 10: thence along common boundary line of Lot Nos. 10 and 11, North 26 degrees 56
minutes 55 seconds West 227.77 feet to an iron pin; thence continuing by same, North 57
degrees 50 minutes 00 seconds East 504.15 feet to a point in High Mountain Road at line
of land now or formerly of James L. Marshall, which point is located, South 22 degrees
49 minutes 23 seconds East, 3.60 feet from a railroad spike in line of Lot No. 10 and at
common corner of lands now or formerly of James L. Marshall and line of land now or
formerly of Carol E. Neil; thence along High Mountain Road and along line of land now
or formerly of James L. Marshall, South 22 degrees 49 minutes 23 seconds East, 38.19
feet to a railroad spike; thence continuing by same, South 28 degrees 49 minutes 55
seconds East, 100.76 feet to a railroad spike; thence continuing by same, South 35
degrees 16 minutes 00 seconds East, 14.07 feet to a railroad spike at corner of land now
or formerly of R. Edward Linn; thence continuing along High Mountain Road and along
line of land now or formerly of R. Edward Linn, South 35 degrees 17 minutes 03 seconds
East, 25.93 feet to a railroad spike; thence continuing by same, South 27 degrees 56
minutes 1 I seconds East, 48.75 feet to the point and place of BEGINNING.
CONTAINING a total area of 2.632 acres, more or less.
BEING THE SAME REAL ESTATE WHICH MICHAEL E. KITZMILLER and
LISA K. KITZMILLER, his wife, by deed dated December 9, 1998 and recorded in the
Office of the Recorder of Deeds in and for Cumberland County in Deed Book 190, Page
936, granted and conveyed to R. MATT MENTZER and DAWN M. MENTZER, his
wife.
ALSO BEING KNOWN AS Tax Parcel # 41-13-0108-063 of the records of
Cumberland County, Pennsylvania.
Exhibit "A"
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