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STIPULATION AGAINST LIENS
BACKGROUND
JEFFREY H. TARNER and JILL ANN TARNER, (hereinafter
OWNERS), and JOEL E. HOSTETTER, (hereinafter CONTRACTOR), have agreed that
CONTRACTOR shall provide materials and labor to construct a residential structure(s)
for OWNERS on real estate located in North Newton Township, Cumberland,
Pennsylvania known as 428 Steelstown Road, Newville, PA 17241, more fully described
in Exhibit A attached hereto and incorporated by reference herein,, in exchange for
consideration to be paid to CONTRACTOR by OWNER.
NOW THEREFORE, it is stipulated and agreed by OWNERS and
CONTRACTORS that neither the undersigned CONTRACTOR, and any subcontractor,
supplier of materials or other person or party supplying labor or materials may file a lien,
known as a mechanics lien, for work done or materials furnished to the spud residential
structure(s) or any part hereof.
This stipulation is made and intended to be filed with the County
Prothonotary for the County of Cumberland, Commonwealth of Pennsylvania in
accordance with the requirements of Section 402 of the Mechanics; Lien Law of 1963,
codified at 49 P.S. § 1402 (Pardon 1965), as amended, of the Commonwealth of
Pennsylvania.
IN WITNESS WHEREOF, the parties hereto, intending to be legally
bound hereby, have set their hands and seals this - i S" day of January, 2010.
OWNERS
Witness
Witness
r
Witness
J*Wey H. Tamer C?
oilt cu-t-
( Jill Ann Tamer
CONTRACTOR
Joel E. Hostetter
4 x.w i?L Sau.?t
?Loinc.
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WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
ALL THAT CERTAIN real estate situate in North Newton Township,
Cumberland County, Pennsylvania, being known and designated as Lot No. 2 on survey
plan entitled Final Subdivision Plan for Jeffrey H. Tamer and Jill Ann Tamer, prepared
dated February 27, 2008, which said
by Eric L. Diffenbaugh, Professional land Surveyor,
subdivision plan has been approved by the appropriate more municipal
and
recorded for Cumberland County Instrument 200926606, mor
described as follows:
BEGINNING at an existing iron pin in concrete located on the Eastern boundary
of Lot 1 of the Plan referenced above owned by Grantor, said iron pin also locate along
corner of lands now or formerly of Liliane E. and Bradley A. Wonders;
lands now or formerly of Liliane E. and Bradley A. Wonders South sixty-four (64)
degrees nineteen (19) minutes fifty-five (55) seconds East a distance of one hundred
eighty and thirteen hundredths (180.13) feet to an existing iron pin in concrete located at
the corner of lands now or formerly of Willis P. and Roxann Davis; thence along lands
now or formerly of Willia P. and Roxann Davis South eleven (11) degrees thirty (30)
minutes twenty (20) seconds West a distance of two hundred forty-seven and ei the Pgbtt
hundredths (247.88) feet to an iron p
referenced above; thence along Lot 3 North sixty-nine (69) degrees fifty-three (53)
minutes forty-five (45) seconds West a distance of one hundred ten and zero hundredths
(110.00) feet to an iron pin; thence continuing along Lot 3 North fifty (50) degrees three
(03) minutes fourteen (14) seconds West a distance of eighty-five and forty-three
hundredths (85.43) feet to an iron pin located at the eastern boundary of Lot 1; thence
along Lot 1 North thirteen (13) degrees forty-five (45) minutes twenty-five (25) seconds
East a distance of two hundred thirty-five and one hundredths (235.01) feet to an existing
iron pin in concrete, the place of BEGINNING. CONTAINING 1.0353 acres.
by her
BEING a portion at premises conveyed by Edna Anna Tamer, widow,
Deed dated September 4, 1980, and recorded in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania, in Deed Book "C", Volume 29, Page 128, to Jeffrey
H. Tamer.
AND BEING a portion of the real estate which Jeffrey H. Tamer and Jill Ann
Tamer, his wife, by Deed dated April 23, 1982, and recorded in the Office of the
Cumberland County Recorder of Deeds of the Commonwealth of Pennsylvania in Deed
Book T-29, Page 317, granted and conveyed unto Jeffrey H. Tamer and Jill Ann Tamer,
his wife.
SUBJECT TO notes and conditions set forth in the Plan referenced above and
any other matters of record.
TOGETHER WITH right of way as more fully set forth in Cumberland County,
Pennsylvania, at Miscellaneous Book 257, Page 530.
UNDER AND SUBJECT TO Right of Way Agreement as more fully set forth in
Cumberland County, Pennsylvania Miscellaneous Book 257, at Page 532.
Exhibit "A"