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HomeMy WebLinkAbout00-08791 .. __',' "'~ ,.,_ ",,,-", ....',""'"~_-v 0 ",,~ ,- . "_' cw";",,' "':'l:.Jl.l.illI~ -il,[j&e"j ,..,p~,"~<"~-,'(h:...d';;':, "~j,-~~:,~~ '_'.i!i;!,^) ,-;'",;:;.1'''- '*;';;I;,:.,i"gS~- >ik ,--,,-,;j~1'.:1i;,.;.'f- -: -", , ":i . DAVID P. GOULDY and CHRISTINE GOULDY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Owners v, THOMAS J. CARRICATO & SONS, BUILDERS, INC. NO. 00- "679/ M L D Contractor STIPULATION AGAINST LIENS WHEREAS, David P. Gouldy and Christine Gouldy, his wife, of 1620 Cortland Avenue, Reading, PA 19607 (the "Owners"), have executed or are about to execute contemporaneously herewith a contract with Thomas J. Carricato & Sons, Builders, Inc. a (>f\ corporation, with an address of 50 Lester Road, Harrisburg, Pennsylvania (the "Contractor'), for the construction of a singie famliy home, (the "Improvements") on Lot No 40, on the Finai Subdivision Plan for High Meadow, Phase 4, Lower Allen Township, Cumberland County, Pennsylvania, more particulariy described on Exhibit A attached hereto, incorporated herein by reference and made a part hereof (the "Premises"). AND NOW, November 20, 2000, before any authority has been given by the Owners 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, and in consideration of the making of said contract with the Owner and in further consideration of One ($1,00) Dollar, paid by the Owners to Contractor, and with the intent of all parties to be legally bound hereby, it is agreed that no lien shall be flied against the Improvements, the Premises, or any part thereof, by the Contractor or any subcontractor, or by and of the materiaimen or workmen or any other person for any labor, or materiais purchased, or extra labor or materials purchased, for the Improvements to the Premises (including hereafter changes made thereto), the right to flie 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 of the Contractor, that the right to flie 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, ~ .., " ."-;{>"","~' ~-"" ,,,~,-,,,, .'''.,,'. t -.'"' -. -- ''-"<-,_i''_'" -'- -'--I~ "-- -c.iS,;',"", ',","-V, ,+""<C,,~~-_ :i-'",i ',"'" <\ '--;,,,,,,; ~.-"L';--,;',;- !,,,,,-,i-(~~,,,;7,-,w'~' '" <"'" -_," ._~,," '<":~-i', . the day and year first above written. IN WITNESS WHEREOF, the Owners and Contractor have executed this Stipulation Against Liens WiTNESS: '4~~.~ G.D-~ 'vz:J~~ ATTEST: OWNERS: ~ P~. David P. Gouldy CONTRACTOR: Thomas J. Carricato & Sons, Inc. By: --;1' CJ Thomas J. Carr o,cPresident .... 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EXHIBIT "A" All that certain lot or tract of land being situated along the east side of Lisburn Road, SR 2017, in Lower Allen Township, Cumberland County, Pennsylvania, said lot being shown as Lot No. 40 on a Final Subdivision Plan for High Meadow, Phase 4, dated July 19, 1996, and last revised August 27,1997, as recorded in Plan Book 74, Page 94, said lot being more particularly bounded and described as follows: BEGINNING AT A POINT, on the northern right-of-way of Canyon Creek, said point being the southwestern corner of the above described lot and the southeastern corner of Lot 41 on the above referenced subdivision plan; thence along the eastern property line of Lot 41 the following three (3) courses and distances: 1) North twenty-seven degrees eighteen minutes thirty-three seconds West (N 2]0 18' 33" W), ten and zero hundredths (10.00) feet to a point; 2) North thirty- eight degrees thirty-four minutes forty-three seconds East (N 380 34' 43" E), eighty-five and sixty- seven hundredths (85.67) feet to a point; 3) North twenty-five degrees twenty-five minutes zero seconds West (N 250 25' DO" W), five hundred fifty-one and twenty-nine hundredths (551.29) feet to a point; thence along the southern property line of lands now or formerlv of James Tyndall, North sixty-four degrees thirty-five minutes zero seconds East (N 640 35' DO" E), one hundred sixteen and thirty-seven hundredths (116.37) feet to a point; thence along the southern property line of lands now or formerlv of Todd A. Perry, Eugene M. Merrill and Lomer L. Light, South sixty- nine degrees zero minutes zero seconds East (S 690 00' DO" E), a distance of three hundred twenty-eight and zero hundredths (328.00) feet to a point; thence along the western property lines of Lot 39 the following four (4) courses and distances: 1) South twenty-one degrees zero minutes zero seconds West (S 21000' DO" W), two hundred forty-six and forty-nine hundredths (246.49) feet to a point; 2) South twenty-seven degrees eighteen minutes thirty-three seconds East (S 270 18' 33" E), one hundred thirty-eight and twenty-seven hundredths (138.27) feet to a point; 3) North forty-two degrees fifty-six minutes thirty-eight seconds East (N 420 56' 38" E), one hundred three and fifty-nine hundredths (103.59) feet to a point; 4) North twenty-seven degrees eighteen minutes thirty-three seconds West (N 270 18' 33" W), ten and zero hundredths (10.00) feet to a point on the right-ol-way 01 Canyon Creek; thence along the same right-ol-way South sixty-two degrees forty-one minutes twenty-seven seconds West (S 620 41' 27" W), one hundred forty-nine and thirty hundredths (149.30) leet to a point, the POINT OF BEGINNING. _-I' ' C' ',,-," -~ . ~:;: ~.. 1;+ C'."..S) VI c;) Q--9 \~ V .. 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