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HomeMy WebLinkAbout08-2564I ~ . ~ F- a ~ ~ ti M c-~ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. MORITZ and MARY BETH MORITZ, husband and wife, As their interests may appear, Fee Simple Owner V. H. EDWIN BERKHEIMER, builder STIPULATION AGAINST LIENS WHEREAS, JOHN T. MORITZ and MARY BETH MORITZ , (the Owner"), have executed or are about to execute contemporaneously herewith a contract with H. EDWIN BERKHEIMER, (the Contractor"), for construction work (collectively the ~lmprovements ") on a and known as 710 CUR-LEE LANE, situate in the TOWNSHIP OF MONROE, County of CUMBERLAND, Pennsylvania, known as Tax Parcel No. 22-12-0349-044, and more particularly described in Exhibit A attached hereto, incorporated herein by reference and made a part hereof (the Premises "). NOW, APRIL 18, 2008, 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 with any subcontractors or material men, or to authorize any purchases by or through any subcontractors or material men, in consideration of the making of said contract with the Owner and the further consideration of One ($1.00) Dollar, to Contractor paid by Owner, 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 any of the material men 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 himself and for any subcontractors or material men claiming for themselves, or by, through or under the contract or 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 ad about the construction of the Improvements to the Premises is hereby waived. IN WITNESS WHEREOF, Owner and Contractor have executed this Stipulation Against Liens the day and year first above written. WITNESS: WITNESS: OWNER: CONTRACTOR: H. EDWIN BERKHEIMER .,, EXHIBIT "A" -STIPULATION AGAINST LIENS LEGAL DESCR. ALL THAT CERTAIN lot or parcel of land situate in MONROE TOWNSHIP, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Michael C. D'Angelo, RS, being LOT NO. 274, Section M, White Rock Acres, as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 39, Page 25, as follows: BEGINNING at a point in cul-de-sac of Cur-Lee Lan at corner of Lot No. 275, Section M; thence along Lot No. 275, North 41 degrees 55 minutes 35 seconds East, 210.89 feet to a point; thence South 28 degrees 41 minutes 48 seconds West, 416.00 feet to a point; thence North 65 degrees 27 minutes 29 seconds West, 361.22 feet to a point; thence along cul-de-sac of Cur-Lee Lane by a curve to the left having a radius of 50 feet an arc distance of 63.37 feet on a chord bearing of North 11 degrees 45 minutes 57 seconds West to a point, the place of BEGINNING. (MORITZ.C08. PFD/MORITZ.C08/6) °` G~ oc ~ ~ 0 ~ ~- G ~, J d '" r.a t~:: ~ ~:y - ~:-~ ~. :a ~ ~-"'E - ` ` e ~,~ r ~ _ _ ,~~ _~; '• . ~ rv _? _.~. .._ __. ; ~, -r. .,,. ~;=, , --..