HomeMy WebLinkAbout14-4695 l�- 41005 MLD
STIPULATION AGAINST LIENS
THIS AGREEMENT made the`F" , day of , 2014, by and
between C. E. Swartz ConstructionLLC (hereinafter referred to as "Contractor) and Charles E.
Swartz and Azlynn N. Swartz, husband and wife (hereinafter referred to as "Owner") whereby
the Contractor undertook and agreed to perform construction and repair work on the dwelling
and other improvements situate on that certain tract or parcel of land located in Monroe
Township, Cumberland County, Pennsylvania known and numbered as 159 Simmons Road,
Mechanicsburg, Pennsylvania being the same property acquired by the Owner by Deed dated
August 4, 2014 and intended to be recorded herewith, more fully described in Exhibit "A"
attached hereto and made a part hereof.
NOW, THEREFORE, WITNESSETH: That the said Contractor, for and in the consideration
of the sum of One ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is
hereby acknowledged, for themselves and 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 construction and repair
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.
AWITNESS the following signature and seal this— I '' ' day of U43 , 2014.
Signed, Sealed and Delivered
In the presence of
OWNER
WITNESS A Charles E. Swart
WITNESS `— Azlynn(h. Swartz
CONTRACTOR
C E Swartz Constructio LLC
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ATTEST By: Charles E. Swartz, ingnbg r j.
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COMMONW ITH OF PENNSYLVANIA :
COUNTY OF
On this, the + day of August, 2014, before me, the undersigned officer, personally
appeared Charles E. Swartz and Azlynn N. Swartz, 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 herein contained.
IN WITNESS WHEREOF, I hereunto set my hand a d official seal.
i
NOTARIAL SEAL NOTARY PUBLI
MARGARET A FENSTERMACHER
Notary Public
HAMPDEN TWP., CUMBERLAND COUNTY 4a4abpp61iran4ead Ad-,S.vC
My Commission Expires Feb 13, 2016
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COMMONWEALTH OF PEN YLVANIA :
COUNTY OF
On this, the day of August, 2014, before me, the undersigned officer, personally
appeared Charles E. Swartz, who acknowledged himself to be the Managing Member of C.E.
Swartz Construction LLC, a limited liability company, and that he, as such officer, being
authorized to do so, executed the foregoing instrument for the purposes therein contained by
signing the name of the Company by himself as Managing Member.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARIAL SEAL \
MARGARFT A FENSTERMACHER NOTARY PU L C
Notary Public
HAMPOEN TWP. CU(t-16f_R1_AND COUIITY
My omruss,on ff x!'Wes Feb 13, 2016
EXHIBIT A
ALL THOSE TWO CERTAIN adjoining tracts of land situate in Monroe Township, Cumberland
County, Pennsylvania, bounded and described as follows, to wit:
TRACT"A"
ALL THAT CERTAIN tract of land with appurtenances situate along the road leading from
Churchtown to Locust Point,
BEGINNING at a stone on the line of lands now or formerly of Maria Williamson; thence North 61
1/2 degrees East, twenty-eight and six-tenths (28.6) perches to a stone on line of lands now or
formerly of Samuel Simmons; thence along lands now or formerly of Samuel Simmons, North 47
1/2 degrees West, four and three-tenths (4.3) perches to a stone; thence by land now or formerly
of said Samuel Simmons, North 48 1/4 degrees East, three (3) perches to a stone; thence North
47 1/4 degrees West, twenty-six and eight-tenths (26.8) perches to a stone; thence by lands now
or formerly of Elmer Kimmel, South 8 degrees West, thirty-six and seven-tenths (36.7) perches to
a stone, the place of BEGINNING.
TRACT"B"
BEGINNING at a post at a corner of lands now or formerly of Lillie G. Smyser, David Starry and
Mrs. M. H. Myers; thence along lands now or formerly of David Starry, South 42 1/2 degrees
West, twenty-eight (28) perches to a post; thence along lands now or formerly of Lillie C. Smyser,
South 50 1/2 degrees East, thirty-nine and one-tenth (39.1) perches to a post; thence along
same, North 39 3/4 degrees East, twenty-four and eight-tenths (24.8) perches to a post in the line
of lands now or formerly of Mrs. M. H. Myers; thence along lands now or formerly of Mrs. M. H.
Myers, North 47 1/4 degrees West, thirty-eight and eight-tenths (38.8) perches to the place of
BEGINNING.
LESS AND EXCEPTING ALL THAT CERTAIN tract, piece or parcel of land conveyed in Deed
Book F-17, Page 325 and Deed Book V-20, Page 558.
BEING PART OF the same premises which Kathryn E. Starry, widow, by Deed dated 07/03/1963
and recorded 07/08/1963 in the Office of the Recorder of Deeds in and for the County of
Cumberland in Record Book X-20, Page 49, granted and conveyed unto Charles F. Waggoner
and Marion E. Waggoner, husband and wife.
AND THE SAID Charles F. Waggoner, has since departed this life on November 3, 2005, leaving
title vested in Marion E. Waggoner by right of survivorship.
THE SAID Marion E. Waggoner passed away testate on May 11, 2014 with Letters granted to
Kim E. March and Donna March a/k/a Leslie Donna March on May 22, 2014.