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HomeMy WebLinkAbout03-3317STIPULATION AGAINST LIENS JOHN E. LUMADUE and TRACI L. LUMADUE, KAB ,GROUP, INC., Owner Contractor : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA WHEREAS, JOHN E. LUMADUE and TRACI L. LUMADUE of 148 Millers Gap Road, Enola, Pennsylvania, is about to execute contemporaneously herewith, a contract, with KAB Group, Inc. of 144 Millers Gap Road, Enola, Pennsylvania, for the erection of a building upon premises commonly known as 148 MILLERS GAP ROAD, Township SILVER SPRING, CUMBERLAND County, Pennsylvania, as set forth in the deed dated April 30, 2003, recorded at Deed Book 256, Page 4594, in the Recorder's Offico for CUMBERLAND County, Pennsylvania, as more specifically described in Exhibit "A" which is incorporated herein and attached hereto. NOW, July 10, 2003, at the time of and immediately before the execution of the principal contract, and b~fore any authority has been given by the said Owner to the said Contractor to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Contractor and the further consideration of One Dollar ($1.00), to Contractor paid by Owner, it is agreed that no lien shall be filed against the building by the Contractor, or any subcontractor, nor 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 erection of said building, the right to file such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. SIGNED AND SEALED IN THE PRESENCE OF / CONTRACTOR: KAB GROUP, INC. By: (~ /~ ~ .~~"~ ~ADUE TRACI L. LUMADUE :EXHIBIT "A' ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring, County of Cumberland, Commonwealth of Pcnnsylvsnia, being more fully described as follows: BEGINNING at a point, said point being located on the dedicated fight-of-way line of Millers Gap Road at the dividing line of Lot No. lB, Final Plan of Lumadue 3 Lot Subdivision, recorded in Plan Book 75, Page 16, and Lot No. lA, herein described; thence by said dedicated right-of- way line the following four courses and distances: North 48 degrees 42 minutes 50 seconds West, a distance of 25.34 feet to a point; thence by a curve to the right having a radius of 567.69 feet, and an arc distance of 94.76 feet to a point; thence by a curve to the left having a radius of 487.46 feet, and an arc distance of 207.21 feet to a point; thence North 63 degrees 30 minutes 20 seconds West, a distance of 7.67 feet to a point on the dividing line of lands now or formerly of Ralph Hoy and LOt No. lA, herein described; thence by said dividing line, North 18 degrees 34 minutes 40 seconds East, a distance of 233.71 feet to a point at the ~viding line of lands now or fomeriy of Cotnmonwealth of Pennsylvania (PA Game Commission), and Lot No. IA, herein described; thence by said dividing line, South 85 degrees 53 minutes 09 seconds East, a distance of 338.74 feet to a point on the dividing line of LOt Nos. lB and IA, herein described; thence by said dividing line, the following two courses and distances: South 18 degrees 34 minutes 40 seconds West, a distance of 395.87 feet to a point; thence South 41 degrees 17 minutes 10 seconds West, a distance of 51.61 feet to a point, being the place of BEGINNING. BEING Lot No. lA and containing 2.50 acres, as shown onthe Final Plan of Lumadue 3 LOt Subdivision, recorded in Cumberland County Plan Book 75, Page 16. SUBJECT to all easements of record. BEING known and numbered as 148 Millers Gap Road, Enola, Pennsylvania.