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HomeMy WebLinkAbout10-1302.? t No. /D' X36;1- m0 Tax parcel 442-30-2114-078 STIPULATION AGAINST LIENS t/a HERITAGE By: "Contractor" THIS AGREEMENT, made the SL day of 2010, by and between GLENN D. LIVELSBERGER, INC., T/A HERITAGE BUILD hereinafter referred to as Contractor, and JERRY T. SIMPSON and HILARY M. SIMPSON, h band and wife, hereinafter referred to as Owner. WHEREAS, the Contractor has undertaken and agreed to perform certain construction services at Owner's real property known and numbered as 137 East Lisburn Road, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania, and as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of One and 00/100 ($1.00) Dollar to it in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for themselves and their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims 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 themselves, 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 this Z-3 day of ?4n ??,/ 2010. U , ATTEST: GLENN D. LIVUSBERGER, INC., WITNESS: 0b'1C ti,d CZ dad GIN 169 C . SMIPSON )Av;?"4 ? a&,/ SIMPSO "Owner" 4??. Ud w At.-, + /a." t u.P CIC# ?il3Y R, COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF ON THIS, the gae-& y of ,? 2010, before me, the undersigned officer, personally appeared , ho acknowledged (her)himself to be of GLENN D. ERGER, INC., T/A HERITAGE BUILDERS, and that (s)he, as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the organization by (her)himself as such officer. IN WITNESS WHEREOF, I hereunto set my and hand and official seal. Notary blic ?- COtvtMONWEA TH OF PE'NNSYLVANiA NOTAk IALSEAL ?,ATOOexa:.t, Notary Public jr,, >Dauphin County j0uary M 2011 COMMONWEALTH OF PENNSYLVANIA COUNTY OF :ss. ON THIS, the 2?y of 2010, before me, a Notary Public, personally appeared JERRY T. SIMPSON and HU AIU _K SIMPSON, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. :' ? IONVJEA ; r 07 PEYNSYLVAM.z NOTN ?IAL SEAL- Notary blic L',?try t S ro n K.?,, Notary Public city at l?auphm County o ray ,,ii v i.lrc> January 115, 2011 -2- .?, r y EXHIBIT A Leal Deserintion ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin on the Northern side of Cherry Alley (an unopened twenty [20] foot wide Alley) on the Western line of land of Jerry T. Simpson being also the Western right-of-way line of a forty (40) foot wide private right-of-way hereby created, thence North 16 degrees 30 minutes West along the Western line of said Jerry T. Simpson lands 79.55 feet to a point; thence along the same North 22 degrees 34 minutes West 257.57 feet to a point at the Southern side of a 40 foot wide field access; thence across the same North 22 degrees 34 minutes West 40.31 feet to a point; thence along the said field access North 74 degrees 30 minutes East 25.03 feet to an iron pin; thence continuing along lands now or formerly ofJerry T. Simpson North 25 degrees 57 minutes 46 seconds West 312.03 feet to a point; thence along the same North 31 degrees 32 minutes 46 seconds West 164.53 feet to PP&L pole 15918; thence South 62 degrees 15 minutes 14 seconds West 111.63 feet to PP&L pole 15917; thence South 16 degrees 17 minutes 46 seconds East 441.29 feet to an iron pin; thence across said (40) foot wide access South 16 degrees 17 minutes 46 seconds East 40 feet to a point on the Northern boundary of lands now or formerly of Helen M. Simpson, Jerry T. Simpson and Hilary H. Simpson; thence along said lands South 74 degrees 30 minutes West 75.13 feet to the center line of a stream; thence along lands now or formerly of Brian Fitzgerald et ux., along the center line of said stream, South 39 degrees East 22.34 feet to a point; thence along the same South 82 degrees 45 minutes East 48.38 feet to a point; thence along the same South 55 degrees East 204.56 feet to a point; thence leaving said stream and along said Fitzgerald lands, South 73 degrees 30 minutes West 148.43 feet to a point at the comer of lands now or formerly of Robert Bruchner; thence along the Bruchner lands, South 16 degrees 30 minutes East 140 feet to an iron pin on the Northern side of Cherry Alley a 20 foot wide right-of-way; thence along said right-of-way North 73 degrees 30 minutes East 255.18 feet to an iron pin the Place of BEGINNING.