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STIPULATION AGAINST MECHANIC'S LIENS
DAYBREAK CHURCH
OF THE CHRISTIAN AND
MISSIONARY ALLIANCE,
a Pennsylvania non-profit corporation
Owner
v,
EDWIN L. HElM COMPANY
a Pennsylvania Corporation
Contractor
)
)
) In the Court of Common Pleas
) of Cumberland County
) Commonwealth of Pennsylvania
)
)
)
)
)
WHEREAS, DAYBREAK CHURCH OF THE CHRISTIAN AND MISSIONARY ALLIANCE,
of Mechanicsburg, Pennsylvania, hereinafter called the Owner, is about to execute a contract
contemporaneously with the EDWIN 1. HElM COMPANY, of1918 Greenwood Street, Harrisburg,
P A 17104 hereinafter called the Contractor, to provide labor and materials, as needed, to the
Construction Project, located at 321 Gettysburg Road, Mechanicsburg, Cumberland County"
Pennsylvania and more specifically described in Exhibit "A" attached hereto.
NOW, May lk.-, 2005, at the time of and immediately before the execution of the principal
contract, and before any authority has been given by the Owner to the Contractor to commence work
on said building or irnprovements or purchase materials for the same, it is hereby stipulated and
agreed by and between said parties as part of said contract and for the consideration therein set forth,
that neither the undersigned Contractor, any Sub-contractor, materialman, or any other person
furnishing labor or materials to the said Contractor under the contract entered into between said
parties shall file a lien for work done or material furnished to said building, improvements or any
part thereof, The right to file any such liens is hereby waived.
This Stipulation is made and intended to be filed with the Prothonotary within 10 days after date in
accordance with the requirements of the Act of August 24,1963, P,L. 497, as amended.
SIGNATURE PAGE FOLLOWS
IN WITNESS WHEREOF, said parties have hereunto set their hands and seals the day and year
aforesaid.
Signed, Sealed, and Delivered
in the presence of
WITNESS
OWNER
DAYBREAK CHURCH OF THE CHRISTIAN
AND MISSIONARY ALLIANCE
~~
Joel Sm' ,P esi <- .
CONTRACTOR
EDWIN 1. HElM COMPANY
w~ IJ6t;-
By: Q,_ C:..i b~- r->_
Title: 3~~,-<~ (.-J2 c O"""....d'--!
Exhibit" A"
Property Description
PARCEL NO.1:
ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of
Cumberland and Commonwealth of Pennsylvania more particularly bounded and described in
accordance with a survey made by John C. Brilhact Surveying and Mapping Services on December
20,1977, as follows, to wit:
BEGINNING at a point in the center of Bumblebee Hollow Road (T-614) at line of lands now or
formerly of Russell Eberly, said point being located and referenced at a distance of one hundred fifty-
seven (157) feet, more or less, measured along the center line of said Bumblebee Hollow Road in
a southeastwardly direction from the center line of Gettysburg Pike; thence along said lands now or
formerly of Russell Eberly, North 52 degrees 06 minutes East, a distance of six hundred sixty and
thirty-five one-hundredths (660.35) feet to an iron pin; thence stilI along said lands now or formerly
of Russell Eberly, South 38 degrees 28 minutes East, a distance of four hundred thirty-four and
seventy-one one-hundredths (434.71) feet to a point in Legislative Route No, 123 (U.S. Route No.
15); thence in and through said Legislative Route No. 123 the following three (3) courses and
distances: (1) on a curve to the right having a radius of 11,389.19 feet, and arc distance of two
hundred ninety-five and forty-nine one-hundredths (295.49) feet to a point; (2) South 23 degrees 05
minutes East, a distance of eighty-six and thirty-one one-hundredths (86.31) feet to a point; and (3)
on a curve to the right having a radius of1I,459.19 feet, an arc distance offour hundred twenty and
twenty-seven one-hundredths (420.27) feet to a point; thence along the lands now or formerly of
John F. Wilt, Sr., and Eugene R. Rider, and further along the center line of Bumblebee Hollow Road
(T-614) first mentioned above, the following three (3) courses and distances: (1) North 33 degrees
48 minutes West, a distance of five hundred eighty-nine and thirty one-hundredths (589.30) feet to
a point; (2) on a curve to the left having a radius of573.69 feet, an arc distance of one hundred forty-
seven and two one-hundredths (147.02) feet to a point; and (3) North 48 degrees 29 minutes West,
a distance of thirty-seven and two one-hundredths (37.02) feet to a point in the center line of said
Bumblebee Hollow Road (T-614), the point and place of BEGINNING.
CONT AININGnine and two hundred seventy-five one-thousandths (9.275) acres ofJand (of which
two and six hundred ninety one-thousandths (2.690) acres are subject to right-of-way for road
purposes).
BEING the same premises which 1. Nelson Wingert and Esther B, Wingert, his wife, by their Deed
dated February 17,1978 and recorded in the Recorder of Deeds Office of Cumberland County, in
Deed Book Q 27, Page 639, granted conveyed unto West Shore Evangelical Free Church, Grantor
herein.
The above described premises are conveyed under and subject, nevertheless, to the public easements
and rights-of-way of Bumblebee Hollow Road (T-614) and Legislative Route No. 123 (U.S, Route
No. 15) and to the highway fence along said Legislative Route No. 123, all as shown on the survey
aforesaid.
PARCEL NO.2:
ALL THAT CERTAIN tract and parcel ofland situate in Upper Allen Township, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the south right-of-way line of Bumblebee Hollow Road, a 50 feet wide
road, at line oflands now or formerly of the West Shore Evangelical Free Church; thence along said
church lands South 56028'45" West 16.14 feet to a point; thence along same North 51052'10" West
80.14 feet to a point; thence by a curve to the right having a radius of39.96 feet, a lineal distance of
22.38 feet to a point; thence along the south line of said Bumblebee Hollow Road South 43047'30"
East 60.35 feet to a point, the place of BEGINNING.
BEING Lot No.2 on the final subdivision plan for Helen E. Sellers, recorded in Cumberland County
Plan Book 52, Page 34,
BEING the same premises which Helen E. Sellers, a widow, by her Deed dated November 19, 1986
and recorded in the Recorder of Deeds Office of Cumberland County, in Deed Book L32, Page 530,
granted conveyed unto West Shore Evangelical Free Church, Grantor herein,
PARCEL NO.3:
ALL THA T CERTAIN lot or tract ofland situate in Upper Allen Township, Cumberland County,
Pennsylvania, more particularly described in accordance with a final subdivision plan for H.
Frederick Jelstron, dated June 4, 1977 and recorded in Cumberland County Plan Book 31, Page 37,
as follows, to wit:
BEGINNING at a point in the centerline of Old Gettysburg Pike at the Northeast corner of lands
now or formerly of John A. Bucher; thence in the centerline of Old Gettysburg Pike N, 34048' E,
115.49 feet to a point; thence by other land now or formerly of said John A. Bucher the following
three courses and distances, S. 510 E. 11 0.22 feet to a point; S. 53059'30" W, 133,17 feet to a point;
N. 39024' W. 68.64 feet to a point, the place of BEGINNING.
BEING Lot No. I on the subdivision plan recorded in Cumberland County Plan Book 31, Page 37.
BEING the same premises which Elmer V. Radabaugh and Hazel D. Radabaugh, husband and wife,
by her Deed dated June 6, 1986 and recorded in the Recorder of Deeds Office of Cumberland
County, in Deed Book Y31, Page 114, granted conveyed unto West Shore Evangelical Free Church,
Grantor herein.
PARCEL NO.4:
ALL THAT CERTAIN tract or parcel of real estate situate in the Township of Upper Allen, County
of Cumberland and State of Pennsylvania:
BEGINNING at a point in the centerofa public township road No. 614, said road being known as
Bumblebee Hollow Road, said point of BEGINNING being also in the northerly right-of-way line
of the new U.S. Route No. 15; thence along the northerly right-of-way line of the new U.S. Route
No. 15, in a southwesterly direction, a distance of31O feet to a point; thence continuing along said
right-of-way line, South 42 degrees West, 237 feet to a stake; thence along the line of lands now or
formerly of Rittner and Eagle, North 37 degrees West, 505 feet to a post; thence along the line of
lands now or formerly of Spahr, Dietz and Wagner, North 28 degrees 30 minutes East, 250.8 feet
to a stone; thence along the line of said lands now or formerly of Wagner, North 59 degrees West
247.5 feet to a point in the center of a public road, being the old u.s. Route No. 15; thence along the
center line of said road, North 31 degrees East, 66 feet to a point; thence along the line of lands
formerly of John Minter, North 54 degrees East, 386 feet to a point in the center of the public
township road No. 614 (Bumblebee Hollow Road), aforesaid; thence along the center of said road,
South 44 degrees 45 minutes East, 138 feet to a point; thence along the center line of said road,
South 30 degrees 15 minutes East, 596 feet to a point in the northerly right-of-way line of the new
U.S. Route No. 15, at the place of BEGINNING.
BEING the same premises which Mary Jane Wilt, widow, by her Deed dated April 21, 1986 and
recorded in the Recorder of Deeds Office of Cumberland County, in Deed Book V31, Page 734,
granted conveyed unto West Shore Evangelical Free Church, Grantor herein.
TOGETHER with the Easement and Right of Way granted by Russell S. Eberly and Helen G,
Eberly, husband and wife, to West Shore Evangelical Free Church on December 13, 1986 and
recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 328
Page 714, more particularly shown in Exhibit "An attached hereto and made a part hereof.
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