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HomeMy WebLinkAbout02-4833STIPULATION AGAINST LIENS BRIAN C. PAGANA and KIMBERLY PAGANA, MCNAUGHTON HOMES, Owner Contractor : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA WHEREAS, BRIAN C. PAGANA and KIMBERLY PAGANA of 4 Briarwood Court, Mechanicsburg, Pennsylvania, is about to execute contemporaneously herewith, a contract, with MCNAUGHTON HOMES of 4400 Deer Path Road, Harrisburg, Pennsylvania, for the erection of a building upon premises commonly known as 2212 CANTERBURY DRIVE, Township UPPER CUMBERLAND County, Pennsylvania, as set forth in the deed dated ~ ALLEN, · , recorded at Deed Book _ , Page , m the Recorder's Office for CUMBERLAND County, Pennsylvania, as more specifically descri~bed in Exhibit "A" which is incorporated herein and attached hereto. NOW, September 26, 2002, 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 Contractor and the further consideration of One Dollar ($1.00), to Contractor paid by Owner, it is agreed that no lien shall be filed against the building by the Contractor, or any subcontractor, nor by any of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. SIGNED AND SEALED IN THE PRESENCE OF CONTRACTOR: MCNAUGHTONHOMES BRIAN C. PAGANA KIMBERLY ~AGANA (~ Exhibit "A" ALL that certain piece, parcel or lot of land situate in Upper Allen township, Cumberland County, Pennsylvania, and bounded ,'md described as t'bllows: BEGINNING at a point on the Western rxght-o~-way hnc of Canterbury Drive (50.00 feet ',vide), said point being It~cated at the Southeastern corner of Lot No. 149; then along said right-o~Xway linc, ,'md through n 25.00 flint wtde drainage and pedestrmn access easement, South 01 degree 25 minutes 55 secortds E~t, tbr a distance of 85.50 feet, to a point in line of other lands now or formerly of The McNaugbton C. omp,-u~y; then altmg said other land of McNanghton, Smith 88 degrees 34 minutes 05 seconds West, Ibr a distance of 135.00 feet, to a point in line with an existing storrn water detention area/open space; then along said existing storm water detention area/open space, and through said 25.{)0 ["oot wide drainage and pedestrian access easement, North 01 degree 25 minutes 55 seconds West, Ibr a distance of 85.50 l~eet, to a point at the Southwestern corner of Lot No. 149; then along the Southern boundary llne of Lot No. 149, and along the canterline of said 25.00 foot wide drainage and pedestrian accesa easement, Norfl~ 88 degrees 34 rnhmtes 05 sc , . and the place of BEGINNING. . conds East, I~r a dj.stance of 135.00 leer, to a point