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HomeMy WebLinkAbout04-0865STEVEN E. WESTHAFER, Owner V. WESTMAFER CONSTRUCTION, INC., Contractor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MECHANICS' LIEN STIPULATION A~AINST LIENS WHEREAS, Owner has entered into an agreement, as the same may be amended, modified or supplemented from time to time ("Contract"), with Contractor to provide materials and perform labor necessary for the erection and construction of a single-family residential dwelling house situate upon that certain lot or piece of ground owned by Owner fronting upon Glendale Drive and located in Silver Spring Township, Cumberland County, Pennsylvania, which is more particularly described on Exhibit "A" attached hereto. NOW, THEREFORE, it is hereby stipulated and agreed by and between Owner and Contractor, as part of the Contract and for the consideration therein set forth, that neither the undersigned Contractor, any subcontractor or materialman, nor any other person furnishing labor or materials to the Contractor under the Contract may file a lien or claim, commonly called a mechanics' lien or mechanics' lien claim, for work done or materials furnished under the Contract or any part thereof. This Stipulation is made and intended to be filed with the Prothonotary for the County of Cumberland, Commonwealth of Pennsylvania, in accordance with the requirements of Section 402 of the Mechanics' Lien Law of 1963, 49 Pa.C.S. § 1402. IN WITNESS WHEREOF, Owner and Contractor, intending to b~e %egally bound, have executed this Stipulation this ~ day of %6%, , 2004. ATTEST: Westhafer Construction, Inc. C:\LWORK\KEAL\G022504A.WPD EXHIBIT "A" ALL THAT CHHTAIN piece or parcel of land, situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: HEGINNIN~ at a point in the center line of Township Road T-592, known as Glendale Drive, at corner of lands now or formerly of Ronald E. Ryan; thence in and through said Road, South 9 degrees 8 minutes East, 43 feet to a point; thence by the same, South 28 degrees 22 minutes West, 181.50 feet to a point; thence by the same, South 14 degrees 33 minutes West, 81.23 feet to a point; thence by the same, South 22 degrees 24 minutes West, 235.95 feet to a point; thence North 73 degrees 22 minutes 30 seconds West, 28 feet to a point; thence South l0 degrees 53 minutes West, 84 feet to a point; thence South 36 degrees 29 minutes 20 seconds West, 186.35 feet to a post; thence by lands now or formerly of Lester Vogelsong, South 57 degrees 15 minutes West, 74 feet to a point; thence by the same, South 61 degrees 55 minutes 15 seconds West, 251.64 feet to a point; thence by the same, South 75 degrees 36 minutes 47 seconds West, 173.47 feet to a point; thence by the same, South 74 degrees 13 minutes 40 seconds West, 147.22 feet to a point; thence by the same, South 67 degrees 20 minutes 56 seconds West, 199.57 feet to a point; thence by the same, South 81 degrees 43 minutes 10 seconds West, 426.35 feet to a post; thence by the same, North 19 degrees 35 minutes 42 seconds West, 286.94 feet to a post; thence by the same, North 12 degrees 19 minutes 06 seconds East, 146.27 feet to a point; thence by lands now or formerly of Catherine E. Vogelsong, North 79 degrees 04 minutes 27 seconds East, 373 feet to a point; thence by the same, North 14 degrees 12 minutes 41 seconds West, 401.35 feet to a point; thence by lands now or formerly of Ronald E. Ryan, North 80 degrees 30 minutes 06 seconds East, 948.23 feet to a point; thence by the same, North 79 degrees 42 minutes 07 seconds East, 412.00 feet to a point in the center line of Township Road T-592, the place of BEGINNING. BEINg the same premises which Elwood R. Westhafer and Joyce A. Westhafer, husband and wife, by deed dated June 3, 2003, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 257, Page 2338, granted and conveyed unto Steven E. Westhafer. C:~L WOR~\REAL\G022504A. WPD