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HomeMy WebLinkAbout02-5056 STIPULATION AGAINST LIENS THIS AGREEMENT made this / ~day of ~'". 2002, by and between D. CULLY, INC., D/B/A C & C CONSTRUCTION, A Pennsylvania Corporation, hereinafter referred to as Contractor, AND ERIC J. ROTH AND KELLY A. LAUER, hereinafter referred to as Owner, whereby the contractor undertook and agreed to erected and construct a dwelling on the certain lot of ground situate in North Middleton Township, Cumberland County, Commonwealth of Pennsylvania, known as Lot #64R Manada Creek Circle, The Village of Cross Creek, North Middleton Township, Carlisle, PA 17013. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for an in consideration of the sum of ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for itself, himself or themselves and its, his or 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 itself, himself or themselves, its, his or 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 the day and year first above written. D. CULLY, INC. D/B/A COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the/.~cJay Sf October, 2002, before me, the undersigned officer, personally appeared Sean Cully who acknowledged himself to be the Secretary of D. Dully, Inc. d/b/a C & C Construction and that he as such Secretary being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the said Corporation by himself as such Secretary. Iltl ',',',T,',~.S,~,IE.r~l~t~-' I nereqnto I RENEE L, MURRAY, N~Iery I~ubll~ / / Caflllll Boro, Cumberland Co,, PA / My Commission E~lrel Oe~m~r 1 COMMONWEALTH OF PENNSYLVANIA set my I~nd and official seal. On f_his, ihe/~ day of ~¢'~000, before me, the undersigned officer, personally appeared Eric J. Rofh and Kelly A. Lauer, single person, known fo me (or satisfactorily proven) fo be the person(s) whose name(s) are subscribed fo the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunfo.~f/~y hand and of~i~l seal. ' ",'""(~ ~"-"~'~' -"-~...~.(S EAL) ~~,NOT~~ I ~ ~, ~MBER~D ~ J ~ ' - ~ ~ ~RES FEBRUARY 20, ~ J Exhibit A ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, designated as Lot No. 64R on the Preliminary/Final Subdivision Plan for Penta Star Investments, Inc., dated August 24, 1999, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 80, Page 125, more particularly bounded and described, as follows: BEGINNING at a point on the northern right-of-way of Manada Creek Circle, said point being the southwestern corner of Lot #63R: thence, along the right-of-way by a curve to the right having a radius of 175.00', an arc length of 81.74' and a chord bearing of S 53°13'53" W with a chord length of 81.00' to a point: thence, along the same S 66°36'44" W a distance of 0.27' to a point: thence, along the right of way by a curve to the right having a radius of 175.00', an arc length of 27.29' and a chord bearing of S 71004'47" W with a chord length of 27.26' to a point;thence, along Lot #65R N 14027' 10" W a distance of 118.25' to a point: thence, along Lot #67R N 49°50'08'' E a distance of 33.87' to a point thence, along :Lot # 63 S 50008'59'' E a distance of 123.16' to a point, the place of BEGINNING.