HomeMy WebLinkAbout04-1357JAMES B. LAIDL~-R and :
KIMBERLY E. LAIDLER,
Owners :
K. S. HF.J%GY CONTRACTOR/ :
PROPERTY MAINTENANCE, INC. , :
Contractor :
I~ THE COURT OP COMMON PLEAS
CUMBERLAND COUNTY, pENNSYLVANIA
STIPULATION AGAINST LIENS
JAMES B. LAIDLER and KIMBERLY ~. LAIDLER, of 327
Mechanicsburg, Pennsylvania 17050 (the "Owner',)
W~EREAS,
Liberty Court,
the Owner of the hereinafter described tract of land, has
executed or is about to execute contemporaneously herewith a
contract with K.S. HEAGY CONTRACTOR/ PROPERTY MAINTENANCE, INC.
of 3901 Hartzdale Drive, Suite 110, Camp Hill, Pennsylvania 17011
(the "Contractor") for improvements to the premises located at
Lot 204, Kuhn Road, White Rock Acres, Boiling Springs, Monroe
Township, Cumberland County, Pennsylvania, mots particularly
described on "Exhibit A" attached hereto and made a part hereof
(the "Premises").
NOW, March .~f, 2004, before any authority has been given by
said Owner to the said Contractor to commence work on said
Premises or to otherwise construct any improvements thereto, or
to purchase materials for the same, or to enter into any
contracts with any subcontractors, or materialmen, or to
authorize any purchases by or through any subcontractors or
materialmen, in consideration of the making of said contract with
the Owner and the further consideration of One Dollar ($1.00), to
MAR-29-2004 MON 09: 55AM ID: PAGE: 2
Contractor paid by said Owner, and with the intent of all parties
to be legally bound hereby, it is agreed that no lien shall be
filed agains~ the building or Premises or any part thereof, by
the Contractor or any subcontractor, or by any of the materialmen
or workmen or any other person ~or any labor, or materials
purchased, or extra labor or materials purchased, for the
building and 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 itself and for
any subcontractors or materialmen 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 and about the building and improvements
to the Premises above described is hereby waived.
WITNESS our hands and seals the day and year first above
written.
M~4R-~9-~004 MON 09:55~M ID: P~4GE:J
STEPHEN C. NUDEL, PC P,~4/OE,
~ttest:
K.S. HEAGY CONTRACTOR/
PROPERTY MAINTENANCE,
INC.
MAR-29-B004 MON 09:55AM ID: PAGE:4
EXhIBiT A
ALL TPIAT CERTAIN lot of ground situate in Monroe Township,
Cumberland County, Pennsylvania, and being Lot No. 204, as shown
on the Final Plan of Lots of Section "L" of White Rock Acres,
dated October 3, 1978, recorded January 31, 1979, in Cumberland
County Plan Book 34, at Page 113~ and more particularly bounded
and described as follows:
BEGINNING a~ a point on the northwestern linc of Kuhn Road (60
feet wide) at the dividing line between Lots Nos. 203 and 204 and
in the center of a thirty (30) feet wide drainage easement as
shown on said plan; thence by the northwestern line of Kuhn Road,
the following two courses and distances: (1) South 24 degrees 03
minutes 00 seconds West 186.00 feet; (2) by a curve to the right
having a radius of 299.67 feet the arc length of 178.63 feet and
a chord length of 176.00 feet on a chord bearing of South 41
degrees 07 minutes 37 seconds West; thence by the dividing line
between Lots Nos. 204 and 205 as shown on said Plan, North 21
degrees 25 minutes 56 seconds West 592.10 feet to a point, a
corner common to Lots Nos. 204, 205, 2111 194A and 203, which
said point is in the center line of a thirty (30) feet wide
drainage easement; thence by the dividing line between Lots Nos.
203 and 204 and in the center line of said thirty (30) feet wide
drainage easement South 58 degrees 37 minutes 36 seconds East
477.77 feet to the place of BEGINNING. Containing 2.109 Acres.
UNDER AND SUBJECT to one-half of a thirty (30) feet wide drainage
easement located along the northeastern line of said lot.
EXCEPTING AND RESERVING unto the Grantor, its successors and
assigns all minmrals, clays and sand benea%h the surface of the
ground. This provision shall not be construed to give the
Grantor or its successors or assigns the right to mine or remove
any materials, clays or sand from the lot herein conveyed.
UNDER AND SUBJECT to Revision No. 1 of the Covenants,
Restrictions and Resez~vations applicable to White Rock Acres
Development of Penn Products Corporation effective January 1,
1979, as the same are recorded in Cumberland County Miscellaneous
Docket 240 at Page 876, and the building lines, utility and other
easements as shown in Plan Book 34, Page 113.
BEING the same premises which Herbert Charles Fenstermascher,
Jr., by deed dated February 27, 2003 and recorded April 2, 2003,
in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book 256, Page 1805, granted and
conveyed unto Mary Martha Fenstermacher.
MAR-89-8004 MON 09: 55Arq ID: PAGE