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HomeMy WebLinkAbout07-28611 '"' STIPULATION AGAINST LIENS David A. Hernjak and Kathleen T Hernjak, IN THE COURT OF COMMON PLEAS Owner Cumberland COUNTY, PENNSYLVANIA v. Thomas Construction Assoc. Inc., No. 07- d81~1 MAD Contractor WHEREAS, David A. Hemjak and Kathleen T. Hernjak of 25 Cherish Drive, Camp Hill, PA 17011, is about to execute contemporaneously herewith, a contract, with Thomas Construction Assoc. Inc. of 155 Ken-lin Drive, Carlisle, PA, for the erection of a building upon premises commonly known as 1276 Summit Way, Township Hampden, Cumberland County, Pennsylvania, as set forth in the deed dated 51~ 107 recorded at Deed Book , Page in the Recorder's Office for Cumberland County, Pennsylvania, as more specifically described in Exhibit "A" which is incorporated herein and attached hereto. NOW, May 10, 2007, at the time of and immediately before the execution of the principal contract, and before 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: CONTRACT C. Thomas, President OWNER: ~~ , David A. Hernja ti~ ~~. Ka teen T. Hernjak EXHIBIT A ALL THAT CERTAIN tract or parcel of land being situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point along the northern right-of--way line of Summit Way, said point being the southwestern corner of Lot 39, as shown on the "Final Subdivision Plan for Hampden Summit -Phase 2"; thence, along said right-of--way line on a curve to the right having a radius of 200.00 feet, an arc length of 118.34 feet and a chord bearing of North 31 degrees 42 minutes 24 seconds West a distance of 116.62 feet to a point; thence, along said right-of--way line North 14 degrees 45 minutes 20 seconds West a distance of 2.64 feet; thence, along said right-of--way line North 60 degrees 43 minutes 37 seconds East, a distance of 168.77 feet to a point; thence, South 29 degrees OS minutes 15 seconds East a distance of 103.07 feet to a point; thence, South 55 degrees 09 minutes 32 seconds West a distance of 164.92 feet to a point and the place of BEGINNING. BEING Lot #39 Plan of Hampden Summit, Phase II, recorded in Plan Book 89, Page 83 UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. ~ n '~ y R ~ M1 O ~W b ~" n N r^' ~-- ~ O -_T ~ 4~, ---t _" ? -~ t=r ,. w~ ~ - ~~ 4 1. ~ 7 _ .___ ,~- -{