HomeMy WebLinkAbout97-06245
S~U~TION AGAINST ~!E~
STEVEN T, KELLY AND KAREN E,
KELLY, Ownor
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
tn L.()
NUMBER ','7.. ~.J~ 'l'ERM, 19
JASON C, OSTERLUND, '1.'/D/B/1\
WOOD DECOR, Contractor
WHEREAS, STEVEN T, KELLY AND KAREN E, KELLY, of Etters, York
County, Pennsylvania, the Owner, contemporaneou'sly herewith has
executed or is about to execute a contract with JASON C, OSTERLUND,
T/D/B/A WOOD DECOR, of Lewisberry, York County, Pennsylvania, the
Contractor, for the construction of a building, and related
structul'ea or improvements, upon that certain land situate in Lower
Allen 'rownship, Cumber land County, Pennsylvania, more particularly
bounded and described as set forth in Exhibit "A" attached hereto
and made a part hereof,
NOW, this 7 day of November, 1997, at the time of and
immediately before the execution of the said principal contract,
and before any authority has been given by the said Owner to the
said Cont.ractor to commence work on, or to furnish or purchase
materials for the aforesaid buildings or construction, in
consideration of the making of said contract with said Contractor
and the further consideration of One Dollar to said Contractor paid
by said Owner, it is agreed that no liens or claims shall be filed
or made against said buildings and/ol' land, or any part, piece,
parcel or lot thereof, b~ said Contractor, or any sub-contractor,
or by any materialmen, workmen or other persons for or on account
of any labor (ll'ovldod 01' materiolfJ fUl'/lhlhlld or: pUt.'chafJod, 01: ony
oxtrn lnbor or materials provided, furninhod or purchased for said
buUdings or constructIon, hereby expl'onnly wlliving any and all
rights to fila or mako Buch liens and claims.
I\ND I in furtherance hereof, the sa ld Contractor doe' hereby
represent and warrant that as of the time of tho execution hereof,
nei ther aaid Contrnctor, nor any sub-contrf.lctors, materialmen,
workmen or any other persons have commenced any work on, or
furnished or purchased any materials for the aforesaid buildings or
construction,
IN WITNESS WHEREOF, the said Owner and Contractor, each
intending to he legally bound hereby, have duly executed this
Stipulation on the aforesaid day, month and year,
,/
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CONTRACTOR:
WOOD
By:
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1\1,1, '!'/IN!' Clm'!'I\IN tl"llCt of lllnd fJItuated, lying Ilnd being in
Lowor Allon Township, Cumberland County, Pennsylvania, more
particularly bounded and described ao follows:
U8GINNING at the corner of Lot No, 2 and the edge of the legal
right of way tor 1l1H'tzdalo Drive; thence continuing along the
edge of the right of way for Hartzdllle Drive North 02 deg1'aes 34
l11inutes 26 eeconds West 272,23 feet to a pin; thence along lands
now or formerly of Central Iowa Foods Systel11, Inc" North 86
degrees 53 minutes 07 seconds Bast 220,~5 feot to a pin at the
edge of a new dedicated right of way; thence along said right of
way So~th 02 degrees 34 minutes 26 seconds East 163,45 feet to a
point; thence continuing along same North 87 degreoo 25 minutes
3~ seconds East l5 feet to a point at Springlake Subdivision;
thence continuing along Springlake Subdivision South 02 degrees
34 minutes 26 seconds East 111 feet to a pin Ilt the corner of
Lot No.2; thence continuing along Lot No, 2 South 87 degrees 25
minutes 3~ seconds West 235,44 feet to a point at the corner of
Lot No. 2 and the edge of the legal right of way for Hartzdale
Drive the place of BEGINNING,
The above description was taken from a survey dated July l~,
1989, by J, Michael Brill & Associates, Inc. and recorded in the
Cumberland County Recorder's Office in Plan Book 59, page 6l and
designated as Lot No, 3 on said Plan,
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