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HomeMy WebLinkAbout03-0235STIPULATION AGAINST LIENS DOUGLAS K. MARSICO and MICHELE L. MARSICO, Owners VS. JOY-ARK BUILDERS, INC. Contractor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA O3 - R35 WHEREAS, Douglas K. Marsico and Michele L. Marsico, Owners are about to execute contemporaneously herewith, a contract with Joy-Ark Builders, Inc.,for the construction of a residential dwelling on Lot 35, Sec. II, Phase III, Meadowview Estates, Upper Allen Township, Cumberland County, Pennsylvania, described in Exhibit"A" hereto attached. NOW,~, 2002, at the time of and immediately before execution of the principal contract, and before any authority has been given by the said Owners to Contractor to commence construction, or purchase materials for the same in consideration of the making of the said contract with Contractor and the further consideration of One Dollar to Contractor paid by Owners it is agreed that no lien shall be filed against said real estate or improvements erected thereon by the contractor, or any subcontractor, 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 said construction, the right to file such liens being expressly waived. WITNESS, our hands and seal the day and year aforesaid. Signed, Sealed and Delivered in the presence of: .-~s ~ ~%rsico, Owner M~c~le L. Marsico, ~wner 50440 COMMONWEALTH OF PENNSYLVANIA) COUNTY OF ) SS: On this ~0~z~c day of , 2002, before me a notary public, the undersigned officer, personally appeared HARRY B. CLARK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Dotarial seal. NOTAR AL SEAL CHERYL A. SWARTZ, Notary Public Susquehanna Township, Dauphin County My Commission Expires Apri 8, 2006 EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern dedicated right-of-way line of Candlelight Drive, said point being on the boundary line between Lot Nos. 32 and 35 on the hereinafter mentioned Plan of Lots; thence along said boundary line North 47 degrees 27 minutes 31 seconds West, one hundred sixty and zero one-hundredths (160.00) feet to a point; thence North 42 degrees 32 minutes 39 seconds East, one hundred twenty-five and zero one- hundredths (125.00) feet to a point on the dividing line between Lot Nos. 35 and 38 on the hereinafter mentioned Plan of Lots; thence along said dividing line South 47 degrees 27 minutes 31 seconds East, one hundred sixty and zero one-hundredths (160.00) feet to a point on the northern dedicated right-of-way line of Candlelight Drive; thence along the northern dedicated right-of-way line of Candlelight Drive, South 42 degrees 32 minutes 39 seconds West, one hundred twenty-five and zero hundredths (125.00) feet to a point on the dividing line between Lots Nos. 32 and 35 on the hereinafter mentioned Plan of Lots, the place of BEGINNING. BEING Lot No. 35, in Section II, Phase III, Final Subdivision Plan of Meadowview Estates, said Plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 72, Page 52. UNDER AND SUBJECT, NEVERTHELESS, to the Declaration of Restrictive Covenants dated June 3, 1996 and recorded on June 7, 1996 in the Cumberland County Recorder of Deeds Office in Miscellaneous Book 521, Page 1046. 47026