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Home My WebLink About99-04346J. GARY NEFF and MICHAEL S. MURPHY, Owners V. A. P. WILLIAMS, INC. Contractor . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA NO. STIPULATION AGAINST LIEN WHEREAS, J. GARY NEFF and MICHAEL S. MURPHY, of 221 East Mifflin Street, Lancaster, Pennsylvania 17602, (the "Owners") the Owners of the hereinafter described tract of land, have executed or are about to execute contemporaneously herewith a contract with A. P. WILLIAMS, INC. of 3035 North Progress Avenue, Harrisburg, Pennsylvania, (the "Contractor") for improvements to the premises located at 125 North Enola Drive, East Pennsboro Township, Cumberland County, Pennsylvania, more particularly described on "Exhibit All attached hereto and made a part hereof (the "Premises"). NOW, July _, 1999, before any authority has been given by said Owners to the said Contractor to commence work on said Premises or to otherwise construct any improvements thereto, 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 Owners and the further consideration of One Dollar ($1.00), to Contractor paid by said Owners, and with the intent of all parties to be legally bound hereby, it is agreed that no lien shall be filed against the building or 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 building and 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 building and improvements to the Premises above described is hereby waived. WITNESS our hands and seals the day and year first above written. A 0 QI AC I W ct Witness d C) J. qARY NSPF ?- a nacc? c?v)c? b Imo, wit ess C? Witness/Attest NOTARIAL SEAL. GRACE E. SPITAL, Notary Publk Hatrisburp, Dauphin Count' My Commission Expires May 9, 2l)G2 Morrber, Pennsylvania Association of No!3rles MICHA S. MUR? A. P. WILLI S, INC. - I By:. . 'lilt V_P ConS {i+u?7tdn Exhibit A Parcel No. 1 ALL THAT CERTAIN lot or piece of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows to wit: BEGINNING at a point in the westerly line of Summit Road at the distance of fifty-three feet and three hundred and fifty-one one-thousandths of a foot measured northwardly along the westerly line of said Summit Road from the northerly extremity of the arc or curve connecting the northerly line of Brick Church Road with the easterly line of said Summit Road, at the northeast corner of land conveyed by the Enola Realty Company to John S. Bitner by deed dated May 18th 1906; and extending thence by said land North seventy-seven degrees seventeen minutes twenty-one seconds and thirty-three and one- hundredths of a second West one hundred and twenty-eight feet and four hundred and fifteen one-thousandths of a foot to a point; thence by other land of the said Enola Realty Company South seventy-nine degrees forty minutes West two hundred and seven feet and one tenth of a foot to a point in the easterly line of another portion of the said Brick Church Road; thence along the easterly line of said road as follows, viz: First, North twenty-one degrees twenty- nine minutes West twenty-two feet and sixty-nine one-thousandths of a foot to a point, and Second, North sixteen degrees thirty-six minutes West one hundred and twenty-eight feet and five hundred and forty-two one-thousandths of a foot to a point; thence by other land of the said Enola Realty Company, parallel with the southerly line of Dauphin Street and One hundred and seventeen feet and five hundred and five one-thousandths of a foot southwardly therefrom, North seventy-nine degrees forty minutes East three hundred and fifty-four feet and five hundred and two one-thousandths of a foot to a point at the southwest corner of land conveyed by the Enola Realty Company to Elizabeth C. Adams by deed dated September 14th 1906; thence by said land South fifty-three degrees thirty-two minutes fifty-two seconds and forty-nine one-hundreds of a second East one hundred and eight feet and nine hundred and thirteen one- thousandths of a foot to a point in the westerly line of Summit Road aforesaid, and thence southwardly along the westerly line of said road on a line curving toward the east with a radius of three hundred and sixty-two feet, a distance of one hundred and fifty feet to the place of BEGINNING. CONTAINING one acre and four hundred and thirty one-thousandths of an acre, more or less. Parcel No. 2 ALSO ALL THOSE CERTAIN lots or pieces of land being all of Lots Numbers 12, 13, and 14 in Block Number 19, as shown on the plan of Enola situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania bounded and described as follows to wit: BEGINNING at a point where the line dividing Lot Number 11, being land now or formerly of John S. Bitner, on the East, from Lot Number 12, on the West, both in said Block Number 19, meets the northerly line of Brick Church Road, at the distance of one hundred thirty-two feet and nine hundred nineteen one- thousandths of a foot measured westwardly along said northerly line of Brick Church Road from a point at the southwesterly extremity of the arc or curve, having a radius of ten feet, connecting said northerly line of Brick Church Road with the westerly line of Summit Road; extending from said beginning point the following four courses and distances: (1) North eighty-seven degrees twenty-eight minutes thirty seconds West, along said northerly line of Brick Church Road, one hundred forty-one feet and three hundred twenty-four one- thousandths of a foot to the point of meeting with the easterly line of said Brick Church Road: (2) North twenty-one degrees twenty-nine minutes West, along said easterly line of Brick Church Road, ninety-nine feet and three hundred forty-six one-thousandths of a foot to the point of meeting with the southerly line of land now or formerly of The School District of East Pennsboro Township: (3) North seventy-nine degrees forty minutes East, along the northerly line of Lots Numbers 14, 13 and 12, being coincident with said southerly line of land now or formerly of The School District of East Pennsboro Township, one hundred fifty-seven feet and one-tenth of a foot to the point of meeting with said line dividing Lot Number 11, being land now or formerly of John S. Bitner, on the East, form Lot Number 12, on the West; and thence (4) South ten degrees twenty minutes East, along said last mentioned lot dividing line, by said last mentioned land, one hundred twenty-eight feet and eight hundred twenty-five one-thousandths of a foot to the place of BEGINNING. Be the contents what they may. Parcel No. 3 ALSO ALL THAT CERTAIN plot or parcel of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania bound and described as follows to wit: BEGINNING at a point on the westerly line of Summit Street, said point being at the distance of Seventy-three and thirty-five one-hundredths (73.35) feet measured in a northerly direction along Summit Street from the northerly line of Brick Church Road; thence along Summit Street by a line curving toward the right with a radius of three hundred sixty-two (362) feet a distance of thirty (30) feet to a point, thence along other lands of said School District north seventy-seven (77) degrees seventeen (17) minutes west one hundred twenty- eight (128) feet to a point; thence by the same south seventy-nine (79) degrees forty (40) minutes west fifty(50) feet to a point; thence south ten (30) degrees twenty (20) minutes east thirty-two and sixty-seven one- hundredths (32.67) feet to a point on line of other lands of the Party of the First Part; thence by other lands of the Party of the First Part north seventy-nine (79) degrees forty (40) minutes east fifty (50) feet to a point; thence by the same south seventy-seven (77) degrees seventeen (17) minutes east one hundred sixteen and eighty-five one-hundredths (116.85) feet to a point the place of Beginning. BEING the same premises which Paul C. Gower and Patricia M. Gower, husband and wife, by Deed dated April 6, 1994, and recorded April 8, 1994, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 103, Page 793, granted and conveyed unto J. Gary Neff and Michael S. Murphy. J -211 CJ ? ?,