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HomeMy WebLinkAbout07-7271 STIPULATION AGAINST LIENS Donald A. Montgomery and Amy A. Montgomery, Owner v. J. W. Mumper Construction Inc., Contractor IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA NO. ~~ - 7.? 7l /-~ 1- d ~w- WHEREAS, Donald A. Montgomery and Amy A. Montgomery of 5 Rexford Road, Enola, PA 17025, is about to execute contemporaneously herewith, a contract, with J. W. Mumper Construction Inc. of 6 Lynchburg Court, Mechanicsburg, PA, for the erection of a building upon premises commonly known as 2 Merrimack Court, Township Silver Spring, Cumberland County, Pennsylvania, as set forth in the deed dated ,recorded at , in the Recorder's Office for Cumberland County, Pennsylvania, as more specifically described in Exhibit "A" which is incorporated herein and attached hereto. NOW, December 3, 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: CONTRACTOR: J. W. MUMPER CONSTRUCTION INC. BY: awes W. Mumpe Jr., President OWNER: C..e'. Donald A. Montgomery my .Montgomery tl ~ EXHIBIT "A" ALL THAT CERTAIN lot and paroel of land situated, lying and being in the Township of Silver Spring, Cumberland County, Pennsylvania, more particularly bounded and described in accordance wit the Final Subdivision Plan for HILLSIDE FAf7MS, PHASES III AND IV, dated November 17, 2000, last revised 11Aay 24, 2002, as recorded In the Office of the Recorder of Deeds of Cumberland County in Plan Book 87, Page 23, as follows: BEGINNING at a point on the northern side of a cuMde-sac known as Merr~nadc Cot~Ft at the southwestern comer of Lot No. 90 herein described; thence along the division line between Lot No. 90 and Lot No. 91 North 18 degrees 40 minutes 31 seconds West a distance of 2ii3.84 feet to a point at Lot No. 88; thence along Lot No. 88 and Lot No. 89 North 86 degrees 20 minutes 35 seconds East a distance of 186.25 feet to a point on the western line of Harpers Ferry Way; thence along the v,Festem line of Harpers Feny Way by a curve to the left, having a radius of 800.00 feet, an arc length of 206.65 feet, and a chord bearing South 11 degrees 03 minutes 26 seconds East a distance of 206,08 feet to a point; thence continuing along the western line of Harpers Feny Way South 18 degrees Z7 minutes 26 seconds East a distance of 51.14 feet to a point at the beginning of a terminus of a curve connecting Harpers Ferry Way with the northern line of a cui-de-sac known as Merrimack Court; thence along said terminus by a curve to the right, having a radius of 20.00 feet, an arc length of 31.42 feet, and a chord bearing South 26 degrees 32 minutes 34 seconds West a distance of 28.28 feet to a point; thence continuing along Merrimack Court the following 3 courses and distances to wit: (1) South 71 degrees 32 minutes 34 seconds West, a distance of-43.27 fEet; (21 thence by a curve to the right having a radius of 60.00 feet, an arc length of 59.42 feet, and a chord bearing North 80 degrees 05 minutes 08 seconds West a distance of 57.02 feet to a point; (3) thence by a curve to the left having a radius of 95.00 feet, an arc length of 94.45 feet, and a chord bearing South 80 degrees 11 minutes 40 seconds West a distance of 90.fi0 f®et to the paint and place of BEGINNING. BEING Lot No. 90 on the above mentioned Subdivision Plan. BEING known as 2 Merrimack Court, Mechanicsburg, Pennsylvania, 17050. UNDER AND SUBJECT to the Declaration of Covenants and Restrictions dated April 30, 1996, recorded in the QfFce of the Recorder of Deeds of Cumberland County in Miscellaneous Book 529, Page 333 and as amended by the First Amendment dated September 30, 1997 and recorded In Miscellaneous Book 562, Page 52, and as amended by the Second Amendment dated June 29, 2000 and recorded in Miscellaneous Book 648, Page 702, and as amended by the Third Amendment dated July 16, 2003 and recorded in Miscellaneous Book 700, Page 1505. UNpt=R AND SUBJECT to all notes, seitback lines and conditions as set forth oFl the above mentioned plan of lots, UNDER AND SUBJECT to any and all basements, conditions, restrictions and rights- of -way of record ~ . ~ rU mow. ~ _ -,.., .~ .. " ._ ., _.. - _- ~ ~ - C'~.7 `. ./ W j I t"ti `.~ '~7 ~ ~ J