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HomeMy WebLinkAbout02-4968STIPULATION AGAINST LIENS THIS AGREEMENT made the 10th day of October, 2002, by and between D. CULLY, iNC., T/D/B/A C&C CONSTRUCTION, hereinafter referred to as Contractor, and DANIEL J. HOUSEL and HEATHER N. HOUSEL, husband and wife, hereinafter referred to as Owners, whereby the former undertook and agreed to erect and construct a custom built home on that certain lot of ground situate at Lot 6, Morrison Way, Carlisle, South Middleton Township, Cumberland County, Pennsylvania, more fully described in Exhibit "A" attached hereto and made a part hereof. NOW THEREFORE, WlTNESSETH: That the said Contractor, for and in consideration of the sum of ($1.00) Dollar to Contractor in hand paid by Owners, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for themselves and their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and the said Contractor, for themselves, their subcontractors and others under them hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals this 10th day of October, 2002. Signed, Sealed and Delivered in the presence of H~O~vner ~e~tn Cull~/l~esident D. Cully, llfc., t/d/b/a C&C Construction, Contractor State of Pennsylvania County of Cumberland SS On this, the 10th day of October, 2002, before me the undersigned officer, personally appeared Daniel J. Housel and Heather N. Housel, husband and wife, known to me or satisfactorily proven to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Notarial Seal Mar'/M. Pdce, Notary Publ c Carlisle Boro, Cumberland County My Commission Expires Aug. 18, 2003 Not~/~ublic State of Pennsylvania County of Cumberland :SS On this, the 10th day of October, 2002, before me, a Notary Public, personally appeared Sean Cully, known to me to be the person whose name is subscribed, and who acknowledges himself to be the President ofD. Cully, Inc., t/d/b/a C&C Construction and that he as such President, being authorized to do so, executed the foregoing statement for the purposes therein contained and with the intent to bind said corporation. In witness whereof I have hereunto set my hand and notarial seal. i Notarial Seal Mary M. Price Notary Public Cartisle Boro, Curnbertand County My Commission Expires Aug. 18, 2003~ Not~ublic 3 EXHIBIT "A" The land referred to in this Commitment is described as follows: ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Rodney Lee Decker, R.P.L.S., dated February 23, 1993 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 68, Page 37. BEGINNING at a point in southern right-of-way line of Morrison Way at corner of Lot No. 7; thence along Lot No. 7, South 10 degrees 43 minutes 40 seconds East 500.00 feet to a point; thence along lands now or formerly of Dauphin Deposit Bank, South 79 degrees 16 minutes 20 seconds West 205.56 feet to a point; thence along Lot No. 5, North 10 degrees 31 minutes 00 seconds West 499.51 feet to a point in southern right of way line of Morrison Way; thence along Morrison Way by a curve to the right having a radius of 5,000.00 feet and an arc distance of 70.00 feet on a chord bearing of North 78 degrees 52 minutes 15 seconds East to a point; thence still along the southern right of way line of Morrison Way North 79 degrees 16 minutes 20 seconds East 133.73 feet to a point, the Place of BEGINNING. CONTAINING 102,301 square feet and designed as Lot 6 on Plan of Sunrise Meadows.