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HomeMy WebLinkAbout05-2735 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ERIC S, MOORE and KRISTINA M. MOORE, and GLENN C. PARSONS, as their interests may appear, Fee Simple Owner 05' - 02. 73 s~ /YJ1.../J ...:1~ V, ROGER RUSSELL BUILDER, CONTRACTOR STIPULATION AGAINST LIENS WHEREAS, ERIC S, MOORE and KRISTINA M, MOORE, and GLENN C. PARSONS, (the"Owners"), have executed or are about to execute contemporaneously herewith a contract with ROGER RUSSELL BUILDER, (the "Contractor"), for construction work (collectively the "Improvements") on a tract ofland located on MT. ROCK ROAD, situate in the Township of PENN, County of Cumberland, Pennsylvania, known as Tax Parcel No. 31-09-0521-057, and more particularly described in Exhibit A attached hereto, incorporated herein by reference and made a part hereof (the "Premises"), NOW, May 16, 2005, before any authority has been given by the Owner to the Contractor to commence work on the Improvements, or to purchase materials for the same, or to enter into any contracts with any subcontractors or material men, or to authorize any purchases by or through any subcontractors or material men, in consideration of the making of said contract with the Owner and the further consideration of One ($1,00) Dollar, to Contractor paid by Owner, and with the intent of all parties to be legally bound hereby, it is agreed that no lien shall be filed against the Improvements, the Premises, or any part thereof, by the Contractor or any subcontractor, or by any of the material men or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased, for the Improvements to the Premises (including hereafter changes made thereto), the right to file liens being expressly waived. It is the full intent of the Contractor, for himself and for any subcontractors or material men claiming for themselves, or by, through or under the contract or the Contractor, that the right to file a mechanic's lien, under the provisions oflaw andlor of Acts of Assembly in such cases made and provided, for work done or materials furnished in ad about the construction of the Improvements to the Premises is hereby waived. " IN WITNESS WHEREOF, Owner and Contractor have executed this Stipulation Against Liens the day and year first above written. gss: " .~ C''- f< -h'lLao - mD-ttz~ OWNER: Sttv 5. flhn~ ERIC S. MOORE ~ 1t1. ~ KRISTINA M, MOORE ~~J~ GLENN C, P A ONS CONTRACTOR: ROGER RUSSELL BUILDER " / I / "'1iO ~;( 4-;:~/ By: ROGER 1. RUSSELL . ~ . EXHIBIT "A" - STIPULATION AGAINST LIENS LEGAL ALL THAT CERTAIN lot or tract of land situate in the Township of Penn, County of Cumberland and State of Pennsylvania, designated as Lot "13" as shown on Subdivision Plan entitled "Final Subdivision Plan for Edgewood Estates" prepared by Eric L. Diffenbaugh, Professional Land Surveyor, dated November 29, 2001, which plan has been approved by the appropriate municipal authorities as a final Subdivision Plan, and which is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 85, Page 33, and is bounded and described as follows: BEGINNING at a set railroad spike in the centerline of an 18-foot paved cartway on Mt. Rock Road and common corner of Lot Nos. 13 and 14; thence along the common boundary line of Lot No. 13 and Lot No. 14, North 57 degrees 00 minutes 00 seconds West, 407.76 feet to a set iron pin at corner of Lot No. 13, Lot No. 14 and Lot No. 12; thence along common boundary line of Lot No. 12 and Lot No. 13, North 28 degrees 41 minutes 06 seconds East, 182.48 feet to a point in the centerline of U.S. Route 11 (Ritner Highway); thence through the centerline of U.S. Route 11 (Ritner Highway), North 68 degrees 53 minutes 20 seconds East, 35 feet to a point; thence continuing along same, North 71 degrees 16 minutes 52 seconds East, 661.50 feet to a point at the corner of Lot No. 13 in the centerline of a 21-foot paved cartway and an 18-foot paved cartway on Mt. Rock Road; thence along the centerline of an 18-foot paved cartway on Mt. Rock Road, South 32 degrees 15 minutes 26 seconds West, 141.50 feet to a set railroad spike; thence continuing along same, South 34 degrees 2 minutes 55 seconds West, 500 feet to an existing railroad spike; thence continuing along same, South 34 degrees 2 minutes 00 seconds West, 70.74 feet to an existing railroad spike; thence continuing along same, South 33 degrees 48 minutes 15 seconds West, 17.45 feet to a set railroad spike, the point and place of BEGINNING. (MOORE.PARSONS.PFO/MOORE .PARSONS/19) AI\ ........ ~. -t -( ..J:\ ..;;) u- \ \::, fi' v\ '" \ tt\ -- VI "'\::) ~ \ ~ --t::, ~I ~ o ~=1 C' ~::, ..... ~ ::;:1 ';" C:"; -";., r.,) (I! , - en .., ::2 a