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HomeMy WebLinkAbout02-5596F:\FILES\DATAFILE\Real EstateX2002\10747.stip STIPULATION AGAINST LIENS DONALD P. SHIFFER, II1 and ELLEN L. SHIFFER, husband and wife, Owners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA S&A CUSTOM BUILT HOMES, INC., Contractor This instrument is executed this /(~'~ day of November, 2002, by S&A CUSTOM BUILT HOMES, INC. ("Contractor") in favor of DONALD P. SHIFFER, III and ELLEN L. SHIFFER, husband and wife ("Owners") Whereas, Owners are about to execute contemporaneously herewith, a contract with Contractor for the erection ora single family dwelling upon a lot of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more fully described as follows: ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, being Section 2A, Lot No. 117, as shown on Plan entitled Chesterfield, formerly Greystone Manor, a Single-Family Residential Development, Final Subdivision/Land Plan, Section 2A, dated December 8, 2000, by Penn Terra Engineering, Inc., State College, Pennsylvania, in Plan Book 85, Page 88, being bounded and described as follows: BEGINNING at an iron pin, lying in a northerly right-of-way line of Sussex Drive (28 feet cartway, 60 feet right-of-way) and being a southeasterly comer of Lot No. 118; thence along said LotNo. 118 North 13 degrees 13 minutes 29 seconds West, 106.13 feet to an iron pin, lying in an easterly line of said Lot No. 118 and being a westerly comer of Lot No. 131; thence along said Lot No. 131 South 85 degrees 00 minutes 29 seconds East, 110.17 feet to an iron pin, being a southerly comer of said Lot No. 131 and lying in a westerly right-of-way line of Kennsington Court (28 feet cartway, 60 feet right of way); thence along said right-of- way along a curve to the left, having a chord bearing of South 02 degrees 09 minutes 34 seconds East, a chord distance of 55.26 feet, a radius of 221.95 feet and an arc length of 55.40 feet to an iron pin; thence continuing along said right-of-way and along Sussex Drive (28 feet cartway, 60 feet right of way) along a curve to the right, having a chord bearing of South 34 degrees 21 minutes 02 seconds West, a chord distance of 26.23 feet, a radius of 19.00 feet and an arc length of 28.96 feet to an iron pin; thence continuing along Sussex Drive along a curve to the left, having a chord bearing of South 77 degrees 23 minutes 37 seconds West, a chord distance of 22.23 feet, a radius of 1,030.00 feet and an arc length of 22.23 feet to an iron pin; thence continuing along said right-of-way South 76 degrees 46 minutes 31 seconds West, 52.45 feet to an iron pin, being the Place of BEGINNING. CONTAINING 0.200 acres. UNDER AND SUBJECT to Master Declaration of Protective Covenants for Chesterfield Manor recorded in Miscellaneous Book 589, Page 65. ALSO, UNDER AND SUBJECT to Master Declaration of Protective Covenants, Reservations and Easements for Chesterfield Manor recorded in Miscellaneous Book 589, Page 76. Now, November ,2002, at the time of and immediately before the execution of the construction contract aforesaid, and before any authority has been given by the said Donald P. Shifter, I11 and Ellen L. Shiffer to the said S&A Custom Built Homes, Inc. to commence work on the said building, or purchase materials for the same, in consideration of the Owners making of the said contract with Contractor, and intending to be legally bound hereby, it is agreed that no lien shall be filed against the building by Contractor, or any sub-contractor, 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 hand and seals the day and year aforesaid. Signed,Sealed and Delivered in the presence of S&A CUSTOM BUILT HOMES, INC. Commonwealth of Pennsylvania : :SS County of Cumberland : ~-~t~r~ t~P~ctl]is' the __ day of November, 2002, before me, a Notary Public, personally appeared Bei~m N~,~,'~fi 'to me to be the person whose name is subscribed, and who acknowledges himself to be the of S&A Custom Built Homes, Inc., a Pennsylvania corporation, and that he as such officer, being authorized to do so, executed the foregoing statement for the purposes therein contained by signing the name of the corporation by himself as. In witness whereof I have hereunto set my hand and notarial seal. tary Public NOTARIAL SEAL BARBARA E. STEEL, Notary Public Carlisle Boro., Cumberland County My Commission Expires Feb. 18, 2006 2