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HomeMy WebLinkAbout04-0002GFF PARTNERSHIP, a Pennsylvania general partnership, Owner LEON E. WINTERMYER, INC., a Pennsylvania corporation, Contractor : : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WHEREAS, GFF PARTNERSHIP, a Pennsylvania general partnership, with its principal place of business at 4075 Market Street, Camp Hill, Pennsylvania, Owner of the hereinafter described tract of land (hereinafter called "Owner"), is about to execute contemporaneously herewith, a contract, with Leon E. Wintermyer, Inc., a Pennsylvania corporation, with its principal place of business at 220 Yocumtown Road, Etters, Newberry Township, York County, Pennsylvania (hereinafter called "Contractor"), for installation and construction of certain municipal improvements including, but not limited to, sanitary and stormwater systems, streets, water and other municipal improvements upon Owner's tract of land, situate in Hampden Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: ALL THAT CERTAIN tract or land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described according to a survey by Michael C. D'Angelo, R.S.: BEGINNING at the point of intersection of the northern line of Roth Lane and the eastern line of Lot No. 1 on the hereinafter mentioned Plan of Lots; THENCE North 82 degrees 09 minutes 31 seconds West by the northern line of Roth Lane 194.00 feet to a point; THENCE by same on a curve to the right having a radius of 375.00 feet for a distance of 89.45 feet to a point; THENCE by same North 68 degrees 29 minutes 28 seconds West 295.42 feet to a point; THENCE by lands now or late of Cashman North 13 degrees 59 minutes East 506.76 feet to a point; THENCE by same South 76 degrees 01 minutes East 575.00 feet to a point; THENCE by same South 13 degrees 59 minutes West 525.91 feet to a point; the place of BEGINNING. HAVING THEREON ERECTED a two story dwelling with frame barn and other outbuildings known as 4180 Roth Lane. BEING Lot No. 1 on Plan of Lots recorded in Cumberland County Recorder's office in Plan Book 33, Page 115. NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of One ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the Agreement, for itself and its subcontractors, and all parties acting through or under Contractor and its subcontractors, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the above-described real estate for or on account of any work done or materials furnished by them or any of them under said Agreement or otherwise, for, towards, in, or about the completion of the site work and other improvements, as described above, on the real estate above described and said Contractor, for itself, its subcontractors and others under them hereby expressly waive and relinquish the dght to have, file, and maintain any mechanic's liens or claims against the real estate above described, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS, our hands and seals this 31st day of December, 2003. Owner: GFF PARTNER.~.~P__a Pennsylvania general partnership Michael O. Greene, Partner :222656 Contractor: LEON E. WINTERMYER, INC., a Pennsylvania corporation By: ~ ~arod L. Wintermyer, Business DeVelopment Manager 2 COMMONWEALTH OF PENNSYLVANIA : :SS. COUNTY OF CUMBERLAND On the ~,~3i5~ day of ~--.C¢...~:,-~¢-' ,2003, before me, the undersigned officer, personally appeared Michael J. Greene, who acknowledged himself to be the Partner of GFF PARTNERSHIP, and that he as such Partner, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Partnership as Partner. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal Linda J. Melham Notary Public Hampden Twp., Cumberland Count'/ My Commission Expires Jan, 24, 2005 Member, Pennsylvania Association of Notaries NotaCy Public COMMONWEALTH OF PENNSYLVANIA ;SS. COUNTYOF On the '5~ day of ¥'~¢.44[~4./t. ,2003, before me, the undersigned officer, personally appeared Jarod L. Wintermyer, who acknowledged himself to be the Business Development Manager of LEON E. WlNTERMYER, INC., and that he as such Business Development Manager, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation as Business Development Manager. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal Cynthia y, l.~ster, Notary Public Newb~n~ Twp,, York Coun y My ~i~ion ~pims Nov. 12, 2~ ~, P~n~a ~a~ ~ N~ad~ 3