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12/12/2005 14:24 FAX ;1;234085;
CALDWELL & KEARNS
I4J 001
John Betpouey Dwyer, Sr. and
Cindy Bay~ura Dwyer,
Owners
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
AND
NO. 0)"- C,713/!llD
J.W. Mumper Comtru~tjon, In~., a
Pennsylvania Corporation,
Contractor
STIPULATION AGAINST LIENS
WHEREAS, John Betpouey Dwyer, Sr. and Cindy Baycura Dwyer ("Owners"), the
Owners of the real estate described herein has executed a Contract dated October 19, 2005 with
J.W. Mumper Construction, In~. ("Contractor"), whose principal place of business is located
at 6 Lynchburg Court, Mechanicsburg, P A 17050 for the construction of certain improvements to
said real estate situate at Lot 273, Cur Lee Lane, Boiling Springs, P A 17007, Monroe Township,
Cumberland County, Pennsylvania as more pil11icularly bounded and described on Exhibit "A",
attached hereto and made a part hereof; and
NOW, THEREFORE, this / '1.- day of f)~~ , 2005, before any
authority had been given by Owner to Contractor to commence work on said facilities or
purchase materials for same, in consideration of making of the above-described COntract
between Owner and ContractOl', and in further consideration of One ($ LOO) Dollar paid to
Contractor by Owner, the receipt whereof is hereby acknowledged and intending to be legally
bound hereby, it is agreed that no liens or claims shall be filed or maintained against the Owner's
facilities and the land described herein or any interest of OWllers therein by the Contractor or any
of its subcontractors, or by any of the materialmen or workmen, or any other person acting
through or under them, for or on account of any labor or materials purchased, or extra labor or
materials purchased for, towards, in or abut the erection, construction, design and improvement
of said facilities, under said contract or otherwise, the right to have, file and maintain such liens
or claims against the facilities and the land described herein, being hereby expressly waived by
the Contractor for itself, its subcontractors, all materialmen, or workmen and other acting
through or under them,
12/12/2005 14:25 FAX 7172340S57
CALDWELL & KEARNS
141 002
-
IN WITNESS WHEREOF, each of the parties, by their duly authorized representatives,
have hereunto executed the Stipulation Against Liens this 1.::2 '+<- day of ~ ''e '" 6~005.
OWNERS:
John Betpoucy Dwyer, Sr. and
Cindy Baycurll Dwyer
Dated:
/Z- / n-ltJ~
{J<,
Dated:
(....1 ("'2-1 or
CO CTOR:
J.W. Mumper Construction, Inc.
Dated: P - J d - ~005
By:
Prin
Title:
Un,/:>er I Jr.
2
12/12/2005 14:25 FAX 7172340857
.
CALD"~LL & KEARNS
I4J 003
EXHIBIT "A"
ALL THAT CERTAIN tract ofland situate in Monroe Township, Cumberland County,
Pennsylvania, bounded and described in accordance with a plan prepared by Michael C.
D' Angelo, KS. and recorded in the Office of the Recorder of Deeds for Cumberland County in
Plan Book 39, page 25,
BEGINNING at a point in cui de sac of Cur-Lee Lane at comer of lot No. 274 Section M,
thence along Lot No. 274 South 65 degrees 27 minutes 29 seconds East 361.22 feet to a point;
thence South 49 degrees 22 minutes i2 seconds West 221,18 feet to a point; thence North 83
degrees 43 minutes II seconds West 161.22 feet to a point; thence along Lot No, 272 North 08
degrees 47 minutes 19 seconds West 250.73 feet to a point; thence along cui de sac of Cur-Lee
Lane by a curve to the left having a radius of 50 feet an arc distance of 49.45 feet On a chord
bearing of North 52 degrees 52 minutes 35 seconds East to a point, the place of BEGINNING,
CONTAINING 1,456 acres and designated as Lot 273, Section M, White Rock Acres.
SUBJECT lot shall be used solely for a building lot and shall not be used in any manner as a
right of way, easement or other pennitted access for purpose of ingress, egress or regress to any
other adjoining tract or tracts of real property which are not a part of White Rock Acres
Subdivisioll. Buyer will be responsible for any and all costs that would be incurred by Seller, if
any attempt is made to violate this provision.
EXCEPTING AND RESERVING unto the Grantor, its successors and assigns all minerals,
clays and sand beneath the surface of the ground. This provision shall not be construed to give
the Grantor or its successors or assigns the right to mine or remove any minerals, clay or sand
from the lot berein conveyed.
ALSO EXCEPTING AND RESERVING unto the Grantor, its successors and assigns, all gas
and oil rights beneath the surface of the ground.
This provision shall not be construed to give the Grantor or its successors and assigns the right to
remove any gas or oil from the lot herein conveyed,
PARCEL NO. 22-12-0349-043.
05.784/95958
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