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HomeMy WebLinkAbout04-5697 STIPULATION AGAINST LIENS THIS AGREEMENT made this ~-TZ~ day of/~;~ 2004, by and between J. W. Mumper Construction, Inc., of 6 Lynchburg Court, Mechanicsburg, PA 17050, hereinafter referred to as Contractor, TIMOTHY A. BENNER AND JILL C. BENNER, 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 Upper Allen 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 #4 Upper Allen Township, Cumberland County, PA. 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. Witness Witness Signed, sealed and delivered in the presence of ATTEST: : ~am~es~. ~~p~r, Jr. :~41'i/'~ B~e-nn~e r Jill C. Benner NOTARIAL SEAL KANO! L LENKER, NOTARY PUBLIC CARLISLE BORO, CUMBERLAND CouNTY MY COMMISSION EXPIRES FEBRUARY 20, 2005 COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : On this, the ~/~ ~0 day of yE~ET~-__ , 2004, before me, the undersigned officer, personally appeared Timothy A. Benner and Jill C. Benner, 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. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : SS On this, the'/~7~ day of/~//~/~-/~2/~ , 2004, before me a 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 my~and and official seal. NOTARIAL SEAL I(ANDt L LENKER, NOTARY PUBU~ ~ARLISLE BORO, CUMBERLAND COUNTY MY COMMISSION EXPIRES FEBRUARY 20, 2005 Exhibit "A" ALL that certain lot or tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the centerline of S.R. 2010 also known as Winding Hill Road at the dividing line of Lot 4 herein conveyed and Lot 4A as shown on the hereinafter mentioned Subdivision Plan; thence along said centerline North 66 degrees 37 minutes 00 seconds East, a distance of 161.13 feet to a point; thence North 71 degrees 41 minutes 21 seconds East a distance of 193.12 feet to a point at lands now or formerly of Richard A. and Marguerite Firth; thence along lands of Richard A. and Marguerite Firth, passing through a concrete monument 35.74 feet from said centerline, South 09 degrees 29 minutes 34 seconds West a distance of 336.29 feet to an existing stone monument; thence along said lands of Richard A. and Marguerite Firth and lands now or formerly of Chestnut Hill Cemetery, South 17 degrees 30 minutes 55 seconds East, a distance of 346.34 feet to an iron pin set; thence continuing along lands of Chestnut Hill Cemetery South 29 degrees 27 minutes 48 seconds East, a distance of 420.63 feet to an existing stone found at the property line of Rodney J. and Beverly W. Freshman; thence along lands of Rodney J. and Beverly W. Freshman, South 54 degrees 46 minutes 00 seconds West, a distance of 78.09 feet to an iron pin at dividing line of Lot 1; thence along Lot 1 and Lot 2, North 47 degrees 05 minutes 00 seconds West, a distance of 582.41 feet to an iron pin set at the original tract line and subsequently subdivided Lot 4A; thence along Lot 4A, North 16 degrees 40 minutes 18 seconds West a distance of 433.39 feet to a point within the centerline of a utility easement; thence North 32 degrees 36 minutes 24 seconds East, a distance of 96.16 feet to a point; thence North 23 degrees 18 minutes 40 seconds West a distance of 60.84 feet to a point in the centerline of S.R. 2010 also known as Winding Hill Road passing through a parker kalon nail 30.96 feet from said centerline, the point and place of BEGINNING. CONTAINING an area of 243,216.17 square feet or 5.5636 acres (net). BEING Lot 4 as shown on the Preliminary/Final Subdivision Plan for Jill C. and Timothy A. Benner and Robert W. and Annette Coffman dated January 5, 2004, lastly revised April 14, 2004 and recorded in Recorder of Deeds, Cumberland County, Pennsylvania, in Plan Book 89, Page 102.