HomeMy WebLinkAbout00-00088
-.;.:
.
GARY A. HUETHER,SR and
DEBORA S. HUETHER,
Husband and wife,
Owners
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
THOMAS J. CARRICATO & SONS,
Contractor
NO. ;2~- N r>7i:b liYvr
STIPlJl ATION AGAINST liENS
WHEREAS, Gary A. Huether, Sr. and Deborah S. Huether, husband and
wife, of 3602 Horsham Drive, Mechanicsburg, Cumberland County, Pennsylvania
(collectively the "Owner"), have executed or are about to execute contemporaneously
herewith a contract with Thomas J. Carricato and Sons, a Pennsylvania corporation,
with offices at 50 Lester Road, Harrisburg, Pennsylvania, 17113 (the "Contractor"), for
construction of a two story 4,300 square feet stone and dryvit dwelling with
improvements (the "Improvements") on property known and numbered as Lot 41,
River Bend, East Pennsboro Township, Cumberland County, Pennsylvania, more
particularly described on Exhibit A attached hereto, incorporated herein by reference
and made a part hereof (the "Premises").
NOW, December 27,1999, before any authority has been given by the
Owner to the Contractor to commence work on the Improvements, or to purchase
materials for the same, or to enter into any contracts with any subcontractors or
materialmen, or to authorize any purchases by or through any subcontractors or
materialmen, in consideration of the making of said contract with the Owner and the
further consideration of One ($1.00) Dollar, to Contractor paid by Owner, and with the
intent of all parties to be legally bound hereby, it is agreed that no lien shali be filed
against the Improvements, the Premises, or any part thereof, by the Contractor or any
subcontractor, or 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
Improvements to the Premises (including hereafter changes made thereto), the right to
file liens being expressly waived.
It is the full intent of the Contractor, for itself and for any subcontractors or
materialmen claiming for themselves, or by, through or under the contract or the
Contractor, that the right to file a mechanic's lien, under the provisions of law and/or of
Acts of Assembly in such cases made and provided, for work done or materials
furnished in and about the construction of the Improvements to the Premises is hereby
waived.
IN WITNESS WHEREOF, Owner and Contractor have executed this
Stipulation Against Liens the day and year first above written.
WITNESS:
O~: C(
Gary A. uether, Sr.
7J#1r+J J' ;l~
Deborah S. Huether
WITNESS:
CONTRACTOR:
Thomas J. Carricato & Sons
(Asst.) Secretary
F:\drg\3602. Huether, Gary & Deborah\10580 . Lot 41, River Bend\Documents\Stipulatlon Against L1ens.doc
.
. -
~
----,,;;
ALL that certain piece, parcel or lot of lands situate in East Pennsboro Township,
Cumberland County, Pennsylvania; designated as Lot 41 of River Bend - A
Planned Community, and being further bound and described as foilows to wit:
BEGINNING at a point on the southern (inner) right-of-way line of Halyard, a forty
(40) foot wide public street, at a comer of Lot 42; thence by said right-of-way line
along a line curving to the right and having a radius of eight hundred fifteen and
zero hundredths (815.00) feet, an arc length of one hundred ninety-seven and
ninety-nine hundredths (197.99) feet and a chord bearing of North thirty-six
degrees twenty-seven minutes thirty-five seconds East (N 360 27' 35" E) a
distance of one hundred ninety-seven and fifty hundredths (197.50) feet to a
pOint at a corner of Lot 40; thence along Lot 40 South forty-six degrees thirty-four
minutes fifty-one seconds East (S 460 34' 51" E) a distance of two hundred sixty
and eighty hundredths (260.80) feet to a point on the northern line of Lot 35;
thence along Lot 35 South thirty-seven degrees thirty-five minutes thirty-six
seconds West (S 370 35' 36" W) a distance of one hundred thirty-four and sixty-
five hundredths (134.65) feet to a point at a corner of Lot 42; thence along Lot 42
North sixty degrees twenty-nine minutes fifty-nine seconds West (N 60029' 59"
W) a distance of two hundred fifty-eight and twelve hundredths (258.12) feet to a
point, the place of BEGINNING.
CONTAINING 43,560 square feet or 1.00 acres.
F:\atw\Legals 12\Heuther .doc
., ./11
.' ,
" .
,
/" .
1: 'I
;,
,
F1LED-Omc~
C'i' TI'''' n"yn,_':J>'()TAOV
I ,II..; 'H-,' ,~j-, 'Nll
GO ,IAN --5 PI1 ~: n~
"
, i
CUI,18EFiL/'ND GOuN"!Y
PENNSYLVI,NA
','
I
:;i l'
i'
'iI/D.DO fJc( WI'~ ~fi.-. ~ ~{~~
C--t-W/Vif
K ~ Pi''l'?6