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HomeMy WebLinkAbout94-06172 . ." 9'1- (Pl)~ fY/ L b $10.00 fd.. STIPULATION AGAINST LIENS ek -it- dlSfl.r 'f1t* I) ~5'1 The undersigned contractor, materialman or other entity or person furnishing services, labor or materials, known as J. W. Mumper Construction, Inc., a Pennsylvania corporation (the "Contractor") intending to be legally bound, and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) to it in hand paid by Robert M. Cherry and Judith W. Cherry, ("Owner") the receipt whereof is hereby acknowledged, for itself and any subcontrac- tors, materialmen, laborers or anyone else acting through or under it, covenants and agrees that no mechanics or materialmen's liens or claims shall be filed or maintained by it, them or any of them, against the real estate described in Schedule "A", attached hereto and made a part. hereof, or against any buildings or other improvements thereon (jointly and severally, the "Real Estate") / for or on account of any work to be done or materials furnished under the principal contract between Owner and Contrac- tor/ dated October ~/ 1994/ or under any supplemental contract, verbal or written, or contract for extra work or materials relating to and work to be done or material furnished under said principal contract. The undersigned, for itself, its subcontrac- tors, materialmen, laborers and anyone else acting or claiming through or under it, hereby waives and relinquishes all right to file a mechanics' lien, claim or notice of intention to file any lien or claim against the Real Estate. The undersigned, for itself, its subcontractors, material- men, laborers and anyone else acting under or through it, hereby irrevocably authorizes and empowers any attorney of any court of competent jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appear as attorney for it, them or any of them, in any such court and, in its or their name or names, mark satisfied of record at the cost and expense of the undersigned, any and all claims, liens, any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, to incorporate therein as part of the record this waiver and for such act or acts this waiver shall be good and sufficient warrant and authority, and the undersigned for itself, and for them, does hereby remise, release and quit-claim all rights and all manner of errors, in filing such pleading, instrument or amendment, or in any way concerning them. Owner shall have the absolute right in its name or in the name of the undersigned or any other entity or person who ohall have filed a claim or lien, to cause any and all such claims or ,. ..4t~ liens to be discharged by any other instrument, pleading or proceeding permitted at law or in equity, The undersigned hereby avers, represents and warrants that no work has commenced on the Real Estate and no labor or mater- ials have been delivered to the Real Estate or furnished for the improvement of the Real Estate by the undersigned or by any subcontractor, materialman, laborer, or other person or entity, and that no authorization has yet been given by the Owner to the undersigned to commence work or purchase materials in connection with the Real Estate. This stipulation is made and intended to be filed with the Cumberland County Prothonotary in accordance with the require- ments of the Mechanics' Lien Law of 1963 of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the undersigned has caused this instru- ment to be duly executed as of the ~'7 Tot day of October, 1994. ATTEST: CONTRACTOR: J, W. MUMPER CONSTRUCTION, INC. By t:::,b'l( t c/. .$,4'<P Name: 'jf.l..l' t L. t f f"""Jrl.l Ti tle: f)ff /( t: n/A"~(;o(/( , Jr. (CORPORATE SEAL) - " - " ,4. AU. TIUT CERTAIN tracL of land 1I11111e in Hampden Town.hlp, Cumberland County, hnn.,wllllll, boln. LoI Nu. 34, u mown on a plln entitled P1nehunt, Final Subdivision 1'110, ft- II, dlted Pebrol/y 5, 1993, Iud recorded luly 27, 1993, It Plan Book 66, Page 90, more part/CUlarly bounded and delCribed u follOWl, lU wll: BEGINNING at an '!Vn pin beln.1 WeltCrIy comer of Lot No. 33 and Iylolln In outerty rflht-or.way ar Mountlln Pine Olive (~' rlpt-of.way): theDCll Ilonl the MoualAln Pine Drlw t1l/1t-of.way, Ilonlll CUIVO 10 the: left, havln, I chunl beaMI of N n' 49' 11" W, I cbord dlltllnce ot 86.12 feel, 8 radius of 32$.00 reet, and an an: distance of 86.311 reet to an Iron pin: thence coDtlnuln. alonaallld rieht-ot-wlY, N 30" '1Jl 03" W, 112,94 feet to an Iron pln,lylDlln laid rI&t.t,of-way and Iylnlln I lOutherly riaht-ot,wll)' Plnehunt Way (50' riJht-of-way)j thence aluDI PlnehunL Way rl&ht-of.way, alonl II curve to tho riaht, h,vlal a chord belrinl N 1!)- 37' 09" B. I cl10rd dlItIace of 38.33 feot, I radlut of 15.00 feel, and an arc dlstllnllC of 43.68 feet to an Iron pin; thenClll coDUnulnallon. the Pmehunt Way rilht-ot-wl)', IloD, a curve to the rlaht, havlD, . chord beltln, of N 86' 39' 35" H, II chord dfltlUlce of 102." teet, a radllll or 1 ".00 feet, Ind III an: dlatanc:c 0' 104.07 feet \I) an Iron pin; thence COlltlnulna a1o.. aald r1&hl-af'WIY, S ". 21' OS" E, 198.01 feet to lID iron pia, Iylnlln aald ripl-ot.way alld belna a nonherty comer of l..ot No. 3~; thence 110nl Lot No. 3.5, S 13~ 38' 52" W, 124.64 feet to an ilOn pin, belDl a WCltlrty comer of Lot No. 35 Md beiDa I nonherly comer ot Lot No. 33; thenllC alool Lot No. 33, S 74r 4r 38" W. 19U6leet 10 In Iron pin. hem. tho pllCe of BEClNNING. CONTAINING 1.05 acrea. Lot No. 34 illllbject to a poJ1lon of wetlanda, belnl bounded and dCllCl'lbed u foIlowa: BEGINNING at a point 1yI11,ID an lluterly line of Lot No. :u ....d lyIn,ln I Welterly line of Lot No. 3.5; theDce a10nl LoI No. 35, S 13.38' $2" W, 11.13 feel t.o I point; thence traVenlnl throu&b Lot. NCI. 34, S 48" 21' 59' W, 17.(11 feet to . point; tlI.DCe S 00' 00' 00" W, 16.00 feet to a pulnt; tbeDClll S W 38' 30. B. 6.82 fcct to I poInt, Iyln,ln I commIJn lIne of Lolli :u IIId 3'; tllence Ilonl Lol No. 3.5, S 13' la' .52" W. 20.8.5 feet to I point; thence trlYlnln. throulh Lot No. 34, N 44' 44' 18" W, 27.114 Ieol \U I point; thence N DO" 32' 29. W, 27.83 feet to . point; thence N .50" 02' .56' B. 24,68 foet to. point; thence S 71.09' 05" B, 15.78 feot to I point, belna the place of BECINNJNG. BEING the same premises which Ronald M. Lucas and Kathryn E. Lucas, by their deed dated October 21, 1994, and recorded October 24, 1994 An the Cumberland County Recorder of Deeds Office in Deed Boo~li-, pag~lJLl, granted and conveyed unto Robert M. Cherry and Judith W. Cherry. husband and wife. SCHEDULE "11"