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HomeMy WebLinkAbout06-1317 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY STANLEY C, AND MARLENE J, DEIMLER Owners :'NO, cx"-n17 rnt...T) Term 2006 HERMAN DEIMLER Contractor STIPULATION AGAINST LIENS WHEREAS STANLEY M, AND MARLENE J, DEIMLER, of 1147 Lambs Gap Road, Mechanicsburg, Cumberland County, Pennsylvania, "Owners", are about to contemporaneously herewith execute a contract with Herman Deimler of H & H Construction, Contractor, with a principal place of business located at 35 Jefferson Street, Penn Township, Perry County, Pennsylvania, for the erection/renovations upon a certain lot of land situate and known as Lot 4, Tax Parcel Number; 09-15-1291-338 on S, Enola Drive in Enola, East Pennsboro Township, Cumberland County with approximately 0,580 Acres and Lot 1B, Tax Parcel Number: 09-15-1291-343 on N, Enola Drive in Enola, East Pennsboro Township, Cumberland County, Pennsylvania, with approximately 5,940 acres and which is more particularly described in Exhibit" A," attached hereto and made a part hereof, NOW, the :5 , March 2006, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Owner to the said Contractor, to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with the Contractor and the further consideration of One ($1.00) Dollar and other valuable considerations, receipt of which is hereby acknowledged, to the Contractor paid by the Owner, it is agreed that no lien shall be filed against the building by the Contractor, or any sub-Contractor nor 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 erection/renovations to said building, the right to file such liens being expressly waived, 1 ~ WITNESS our hands and seals the day and year aforesaid, WITNESS: (~"n'lt ~tbn."lt v 0 to (LC{ ri/vtP-- OWNER: j) /J (fkl.JLJ s J1;dh 'i'p'41~' MARLENE ,D IMLER CONTRACTOR: H & H CONSTRUCTION BY/*).<tUt/~ ~n~v Authorized Representative Title 2 EXHIBIT A Description of Property ALL THOSE CERTAIN two (2) tracts ofJand situate in East Pennsboro Township, Cumberland County, Pennsylvania, being fully described as follows: TRACT NO. I: ALL THAT CERTAIN tract ofland being known and numbered as Lot No, 4 on the Resubdivision Plan for Lots 2 and 4 for Lands of Hempt Brothers, lnc, - Route 11 & 15, said Plan being recorded in the Office of the Recorder of Deeds in and for Cwnberland County, Pennsylvania, in Plan Book 59, Page 144, and also shown as Lot No.4 on the plan titled "Declaration to Release, Terminate and Extinguish an Easement on Lots 2 and 4 owned by Kenneth R. Snyder, Jr., and Debra D, Snyder," prepared by Brehm-Lebo Engineering, Inc., dated 10/22/1998 and recorded in the Office of the Recorder of Deeds in and for Cwnberland COWlty, Pennsylvania, in right of way Plan Book 12, Page 38, being more particularly bounded and described as foHows, to wit: BEGINNING at a point on the Western right-of-way line of South Enola Drive (S.R. 00 II) at the Southeast comer of Lot No, 2 on the above referenced plan; thence along the Western right-of-way line of South Bnola Drive (S.R. DOlI) South 05 degrees 20 minutes 05 seconds West, 280.00 feet to a point at other lands of Kenneth R, Snyder, Jr" and Debra D. Snyder; thence along said other lands of Kenneth R. Snyder, Jr" and Debra D, Snyder, North 84 degrees 39 minutes 55 seconds West, 135,00 feet to an iron pin; thence continuing along same, North 05 degrees 20 minutes 05 seconds East, 280.00 feet to a point at Lot No.2 on the above referenced plan; thence along said Lot No, 2, South 84 degrees 39 minutes 55 seconds West, 135,00 feet to a point, the place of BEGINNING. UNDER AND SUBJECT, nevertheless, to the Declaration to Release, Terminate and' Extinguish Easements, originally recorded in the Office of the Recorder of Deeds in and for Cwnberland County, Pennsylvania, in Misc. Book 596, Page 482, as modified and amended in Misc. Book 607, Page 217, TRACT NO.2: ALL THAT CERTAIN tract ofland being known and numbered as Lot No. IB on the Preliminary/Final Subdivision Plan for Kenneth R, and Debra D, Snyder, prepared by Alpha Consulting Engineers, Inc., bearing Project No, 99124 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 79, Page 84 and being more particularly bounded and described as follows, to wit: BEGINNING at a point on the Western right-of-way line of South Enola Drive (S,R. 00 II) at the Southwest comer of Lot No.4 on the above referenced plan (and Tract #1 herein); thence along the Western right-of-way line of South Enola Drive (S,R. 00 II), South 05 degrees 20 minutes 05 seconds West, 644.96 feet to a point at the Pennsylvania Department of Transportation right-of-way; thence along said Pennsylvania Department of Transportation right- of-way South 78 degrees 17 minutes 30 seconds West, 269,29 feet to a point at lands now or formerly of Quaker Realty; thence along said lands now or formerly of Quaker Realty, North 05 degrees 06 minutes 45 seconds West, 83.08 feet to a point; thence continuing along same, North 02 degrees 46 minutes 00 seconds East, 336,71 feet to a point at the Southern edge of East Highland Avenue; thence continuing along same, North 17 degrees 18 minutes 36 seconds West, 40.49 feet to a point at Lot No, IA on the above referenced subdivision plan; thence along said Lot No, 1 A the following two (2) courses and distances: (I) South 86 degrees 59 minutes 10 seconds East, 31.99 feet to a point; and (2) North 05 degrees 20 minutes 05 seconds East, 462.56 feet to a point at Lot No, I on the above referenced subdivision plan; thence along said Lot No, 1, North 05 degrees 20 minutes 05 seconds East, 138,69 feet to a point at Lot No.3 on the above referenced subdivision plan; thence along said Lot No, 3, South 84 degrees 39 minutes 55 seconds East, 135, II feet to a point at Lot No, 4 on the above referenced subdivision plan; thence along said Lot No, 4 the following two (2) courses and distances: (I) South 05 degrees 20 minutes 05 seconds West, 150,00 feet to a point; and (2) South 84 degrees 39 minutes 55 seconds East, 135,00 feet to a point on the Western right-of-way line of South Enola Drive (S,R, 0011) the point and place of BEGINNING. TRACT NO.1 and TRACT NO.2 both under and subject, nevertheless, to conditions, easements, and restrictions of prior record and any matters which a physical inspection or survey of the premises may disclose, BEING the same premises which Kenneth R, Snyder, Jr" and Debra D, Snyder, husband and wife, by deed dated September 16, 1999 and recorded September 21, 1999 in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 208, Page 10, granted and conveyed unto DBL, a Pennsylvania limited partnership, \) ~ ~\l ...... (J ~ \)J ~ ~ (J) ---::t ~ ~ - V( \) C> --J p- i=: --.r d ~ \.-. r , ~,-\ \ , ------