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ZIMMERMAN & ZIMMERMAN,
A Pennsylvania general partnership
Owner,
V.
CUMBERLAND DESIGN & BUILDING
COMPANY, INC., A Pennsylvania
Corporation
Contractor,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. q'7. 7SISML L T?
STIPULATION AGAINST LIENS
WHEREAS, Zimmerman and Zimmerman, a Pennsylvania general partnership, with offices at 2234
S. Market Street, Mechanicsburg, PA 17055 (the "Owner"), has executed or is about to execute
contemporaneously herewith a contract with Cumberland Design & Building Company, Inc., a Pennsylvania
corporation, with a mailing address of P.O. Box 248, Claremont Road, Carlisle, PA 17103 (the "Contractor'),
for the construction of a one story commercial building, with attendant parking and other improvements,
containing approximately 20,032 square feet of space (collectively the "Improvements") on two tracts of land
owned by Owner with an address of 2234 S. Market Street, Mechanicsburg, 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").
AND NOW, on December-9- 1999, 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 wlih any subcontractors or materialmen, or to authorize any purchases by or through any
subcontractors or materialmen, and in consideration of the making of said contract with the Owner and in
further consideration of One ($1.00) Dollar, paid by the Owner to Contractor, and with the 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 and 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 of 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, the Owner and Contractor have executed this Stipulation Against Liens
the day and year first above written.
WITNESS:
OWNER:
Zimmerman and Zimmerman, a Pennsylvania
general partnership
a
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By: a
y 6. Zimm man, General Partner
Paul M. Zimmerman, Jr., Gen ral Partner
ATTEST:
kn ono
CONTRACTOR:
Cumberland Design & Building Company, Inc.,
a Pennsylvan corpora' n -;/?z 6?
By:
Richard E. Murphy, Vice-President
(SEAL)
EXHIBIT "A"
Tract 1
ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, county of Cumberland and Commonwealth of
Pennsylvania, bounded and described according to survey of John C. Brilhart, Registered Surveyor, dated July 27, 1970,
as follows:
BEGINNING at a point marked by a monument in the Western line of South Market Street (L.R. 416), at corner of land
now or formerly of Spencer L. Eckels; thence extending along the line of said land now or formerly of Spencer L. Eckels,
South seventy-nine degrees eight minutes West (S 79° 08' W), a distance of four hundred fifty-elght and eighty-six
hundredths (458.86) feet to a point marked by a lance post, to be replaced with a monument; thence along the line of land
now or formerly of Laban G. Zimmerman and Emma L. Zimmerman, his wife, of which this land was a part, North fen
degrees thirty-six minutes thirty seconds West (N 100 36'30" W), a distance of ninety-eight and zero hundredths (98.00)
feet to a point marked by a monument; thence continuing along the line of said land now or late of Laban G. Zimmerman
and Emma L. Zimmerman, his wife, North forty-two degrees seventeen minutes thirty-three seconds East (N 420 17'33"
E), a distance of four hundred eighty-six and seventy-one hundredths (486.71) feet to a monument at a steel lower of
Pennsylvania Power and Light Company, used for support of a power line; thence still by the line of lands of same, North
eighty-three degrees forty-six minutes East (N BY 46' E), a distance of seventy and eighty-nine hundredths (70.89) feet to
a point marked by a monument in the Western line of South Market Street (L.R. 416), aforementioned; thence along the
Western line of South Market Street (L.R. 416), South ten degrees one minute East (S 10° 01' E), a distance of three
hundred eighty-nine and sixty hundredths (389.60) feet to a point marked by a monument, aforementioned at the point
and place of BEGINNING.
CONTAINING 2.88 acres.
Tract 2
ALL THAT CERTAIN lot or parcel of land being Lot No. 2 (Said Lot No. 2 being dedicated for the express purpose of add-
on use to adjoining land of Grantee) of a Preliminary/Final Subdivision Plan for Spencer L. and Ruth K. Eckels, as
recorded on July 30, 1997 in Plan Book 75, Page 33 and was revised and re-recorded on January 27, 1998 In Plan Book
l Township of
76, Allllen28 , In the Recorder of Deeds
Commonwealth of Pennsylania, tbounded Pennsylvania, and described as follows
County of Cumberland and Office
Upper
rBEGINNING at a point in the Westerly line of South Market Street (SR 0114), said point being located North thirty-two
degrees twenty-six minutes fifty-six seconds West (N 32° 26'56"W), a distance of one hundred ten and fifty-tyro
hundredths (110.52) feet from the line between lands now or late of Spencer L. and Ruth K. Eckels, and lands now or late
of Schad-Liddle Associates; thence along other lands now or late of Spencer L. and Ruth K. Eckels (Lot No. 1), South
seventy-six degrees twenty minutes fifty seconds West (S 76° 20' 50" W), a distance of one hundred ninety-three and
thirty-lour hundredths (193.34) feet to a point; thence continuing along the same, South eight degrees twenty-nine
minutes ten seconds East (S 08° 29' 10" E), a distance of two hundred fifty-three and thirty-one hundredths (253.31) feel
to a point; thence along lands now or late of Schad-Liddle Assoc. and along lands now or late of Bowman Hill Assoc.,
South forty-five degrees fifty-seven minutes eighteen seconds West (S 45° 57' 18" W), a distance of two hundred seven
and thirty-eight hundredths (207.38) feet to a Nail in a Post; thence along lands now or late of MRK Associates, North nine
degrees thirty minutes zero seconds West (N 09° 30' 00" W), a distance of five hundred forty-one and fifty-three
hundredths (541.53) feet to a concrete monument; thence along lands now or late of Norman L., Keith L. and Judith
Zimmerman, North eighty degrees twenty-four minutes forty-two seconds East (N 80° 24' 42" E), a distance of three
hundred one and sixty hundredths (301.60) feet to a concrete monument set in the Westerly line of South Market Street
(SR 0114); thence along the said Westerly line of South Market Street, South thirty-two degrees twenty-six minutes fifty-
six seconds East (S 32° 26' 56" E), a distance of one hundred seventy and sixty-three hundredths (170.63) feel to the
Point of BEGINNING.
CONTAINING two and fifty-three hundredths (2.53) Acres of land.
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