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HomeMy WebLinkAbout09-5439 STIPULATION AGAINST LIENS THIS AGREEMENT made this ' day of , 2009, by and between J. W. Mumper Construction, Inc., of 6 Lynchburg Court, Mechanicsburg, PA 17050, hereinafter referred to as Contractor, AND Jeffrey T. Fleming and Lorraine R. Fleming, husband and wife, hereinafter referred to as Owners, whereby the contractor undertook and agreed to erected and construct a dwelling on the certain lot of ground situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, and more fully described in Exhibit "A" which is attached hereto and made a part hereof known as Lot #80, Hillside Farms, Mechanicsburg, PA 17050. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for an in consideration of the sum of ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for itself, himself or themselves and its, his or their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and the said Contractor, for itself, himself or themselves, its, his or their subcontractors and others under them, hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals the day and year first above written. Signed, se-aTed nd delivered in the .pres c of 1 ` ATTEST: ln? W M-pel By ames W. M p r, Jr. President COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : SS 4A-? , 2009, before me a On this, the day of Notary Public, the undersigned officer, personally appeared James W. Mumper, Jr. who acknowledged himself to be the President of J.W. Mumper Construction, Inc. and that he as such President being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the said Corporation by himself as such President. IN WITNESS WHEREOF, I hereunto set m hand an^ fficial seal. NOTARIAL SEAL , CU F ETH A GIOVANNIELLO Notary Public n ExplEesAOctt 602011f miss o Exhibit A ALL THAT CERTAIN lot and parcel of land situated, lying and being in the Township of Silver Spring, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with the Final Subdivision Plan for HILLSIDE FARMS, PHASES III AND IV, dated November 17, 2000, last revised May 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 northeastern side of a cul-de-sac known as Shenandoah Court at the line of adjoiner between Lot Nos. 80 and 81 on the hereinbefore mentioned plan of lots; thence along said division line North 08 degrees 25 minutes 55 seconds East, a distance of 261.32 feet to a point; thence along Lot No. 78 of Phase 5 of Hillside Farms South 85 degrees 17 minutes 30 seconds East, a distance of 185.00 feet to a point at a point on the Western line of Harpers Ferry Way; thence along the western line of Harpers Ferry Way, South 03 degrees 45 minutes 44 seconds West, a distance of 307.08 feet to a point located the beginning of a curve connecting Harpers Ferry Way with Shenandoah Court; thence along said curve to the right having a radius of 20 feet an arc length of 31.42 feet and a chord bearing South 48 degrees 45 minutes 44 seconds West a distance of 28.28 feet; thence continuing along Shenandoah Court the following three courses and distances to wit: (1) thence North 86 degrees 14 minutes 16 seconds West, a distance of 64.37 feet; (2) thence along a curve to the right having a radius of 60.00 feet an arc length of 59.42 feet and a chord bearing North 57 degrees 51 minutes 58 seconds West a distance of 57.02 feet; (3) thence along a curve to the left having a radius of 95.00 feet an arc distance of 86.34 feet and a chord bearing North 55 degrees 31 minutes 52 seconds West a distance of 83.40 feet to the point and place of BEGINNING. BEING LOT NO. 80 on the above mentioned plan of lots. BEING known as 2 Shenandoah Court, Mechanicsburg, Pennsylvania, 17050 f, or T' ,t ,r7?