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HomeMy WebLinkAbout95-02246 No. '10 - ~J.tflo f-{LU T.tIv~ WAIVER OF RIGHT TO FILE MECHANICS' LIENS WHEREAS, GARY G. MOWERY and CHERYL A. MOWERY, Owner(s), of 7 Smith Road, Gardners, PA l7324, entered into a contract with ROGER A. BARRICK, INC., contractor, of l595 State Road, Duncannon, PA l7020, to provide materials and perform labor necessary for the construction of a dwelling house upon a tract of land situate in South Middleton Township, cumberland county, pennsylvania, more particularlY bounded and described as follows: SEE ATTACHED EXHIBIT "A" NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties, as part of the said contract and for the consideration therein set forth, that neither the undersigned contractor, any subcontractor or material man, nor any other person furnishing labor or materials to the said Contractor under his contract, shall file a lien, commonly called a mechanics' lien, for work done or materials furnished to the said building, improvements or any part thereof. THIS STIPULATION is made and intended to be filed with the cumberland county prothonotary within ten (lO) days after date, in accordance with the requirements of Act of Assembly of Pennsylvania, in such case provided. IN WITNESS WHEREOF, the said parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals this 26th day of April, 1995. ~.~QJJ~~ witness L-J -h ~cUA Witness A~~.A. ?1rf=, Gar . Mowery ~t-<f( /I. ()lOtul,~y Cheryl A. Mowery I [SEAL] [SEAL] OWNER ATTEST (or witness) : ROGER By: ... . ALL that certain lot of ground situate in South Middleton Township, Cumberland county, Pennsylvania, bounded and described as follows, pursuant to a Final subdivision Plan for Fred W. Showers recorded in the Office of the Recorder of Deeds in and for cumberland county, Pennsylvania, in Plan Book 53, at Page 1l6: BEGINNING at a spike in Smith Road (T-531) on the dividing line between Lot No. 2 of Plan of Lots recorded in cumberland county Plan Book 38, Page l24 and Lot No. 7 of Plan of Lots recorded in cumberland county plan Book 53, Page l16i thence by said dividing line, South 30. 27' 45" East 290.55 feet to a steel pini thence by other lands now or formerly of Fred W. Sowers, et ux., South 59. 32' l5" West l50.00 feet to a steel pini thence continuing by other lands now or formerly of Fred W. Showers, et ux., North 30. 27' 35" West 290.57 feet to a spike in smith Road (T-53l)i thence in said road (T-53l), North 59.32' l5" East 150.00 feet to a spike, the place of BEGINNING. BEING Lot No. 7 of the above mentioned Plan of Lots recorded in Cumberland county Plan Book 53, at Page 116. UNDER AND SUBJECT TO the following building and use restrictions: 1. The single wide mobile home may be temporarily placed on this lot for a period not to exceed three (3) years from the date of May 11, 1988, and must be removed from this lot at the end of said three (3) year period and can only be replaced with a house. 2. A double wide mobile home is permitted on this lot. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, easements, covenants and rights-of-way of prior record. BEINq the same premises which Gary G. Mowery by his deed dated April' , 1995, and recorded in the Office of the Recorder of Deeds in and for Cumberland county, Pennsylvania, in Deed Book , Page , granted and conveyed to Gary G. Mowery and cheryl A. Mowery, Mortgagors herein. Exhibit "A" :'1:' r ~ 2:; ", v ~ ~ w ~ ~ '" =.::: ~ - 1:- .. ~ w "" -t.. )..J -t ~ -C a .j\:. ~ - -f:.. 00 ~ 00 ~ p