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HomeMy WebLinkAbout07-1556 ~ , H&B HOMES, Owner IN THE COURT OF COMMON PLEAS v. CUMBERLAND COUNTY, PENNSYLVANIA NO. () 1- 15.6-& 2007 fr11-tJ H&M ENTERPRISES, INC., Contractor STIPULATION AGAINST LIENS This instrument is executed this 20th day of March, 2007, by H&M ENTERPRISES, INC. ("Contractor") in favor of H&B HOMES ("Owner") . WHEREAS, Owner is about to execute contemporaneously herewith, a contract with Contractor for the erection of a house upon a lot of land situate in North Middleton Township, Cumberland County, Pennsylvania, being known as Lot No.4, 8 Prickly Pear Drive, Carlisle, more fully described as follows: BEGINNING at a point on the southern side of 50.00 foot wide right of way known as Prickly Pear Drive along the dividing line between Lots Nos. 3 and 4 of the hereinafter mentioned subdivision plan; thence continuing along said dividing line, South 44 degrees 49 minutes 23 seconds East, a distance of 225.87 feet to a point; thence continuing along the dividing line between Lots Nos. 4 and 41 of the hereinafter mentioned subdivision plan, South 72 degrees 13 minutes 07 seconds West, a distance of 197.26 feet to a point along the southern side of said Prickly Pear Drive; thence continuing along same, North 16 degrees 03 minutes 59 seconds West, a distance of 170.68 feet to a point; thence still along same by a curve to the right, having a radius of 11.00 feet, an arc length of 15.89 feet, with a chord bearing of North 25 degrees 19 minutes 05 seconds East, and a chord length of 14.54 feet to a point; thence still along same by a curve to the left, having a radius of 275.00 feet, with a chord bearing of North 58 degrees 07 minutes 54 seconds East, a chord length of 81.99 feet to the point and the place of BEGINNING. CONTAINING 0.63 acres and being Lot No.4 of the Final Subdivision Plan for Phase I of Hillcrest Farms West Subdivision of the Final Subdivision Plan for Phase I of Hillcrest Farms West, prepared by R. J. Fisher & Associates, Inc., being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 57. NOW, March 20, 2007, at the time of and immediately before the execution of the construction contract aforesaid, and before any authority has been given by the said Owner to the said Contractor to commence work on the said building, or purchase materials for the same, in consideration of the Owner 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. - ... f WITNESS, our hands and seals the day and year aforesaid. Signed, Sealed and Delivered in the presence of: A TrEST: Secretary H & B HOMES ByJMt~ Harold L. Stoneberger, Owner BY: ~>i^ Ray L. Wolfe, Jr., Owner COMMONWEALTH OF PENNSYLVANIA ) ) ss. COUNTY OF CUMBERLAND ) ~ On this, the ~ 0 day of March, 2007, before me, a Notary Public, personally appeared GALEN ANDERSON, known to me to be the person whose name is subscribed, and who acknowledges himself to be the President ofH&M Enterprises, Inc., a Pennsylvania corporation, and that he as such President, 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 notar' seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ~ A Victoria L. Otto, Notary Public Carli.I. Borough, Cumb<<1and Cowrty '/ C ~ ~ My commission expires December 20,2010 Notary Public COMMONWEALTH OF PENNSYLVANIA ) ) ss. COUNTY OF CUMBERLAND ) On this, the ;;2~f March, 2007, before me, the undersigned officer, personally appeared, HAROLD L. STONEBERGER and RAY L. WOLFE, JR., 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. \ ~.~ :.F.S\D,'\Tt..:" :::st.?I tp\: :OMMONWEALTH OF PENNSYL V ANlA NOTARIAL SEAL ! Viet6rlW1;.5Ott(f,'~1>u'1)ftc5t L,en. Carlisle Borough, Cumberland County My commission expires December 20, 2010 IN WITNESS WHEREOF, I hereunto set my hand and officia rif y .J;) ..s> o 00 ..l:.-C V. .,., '- ~ () c: ..,.,.. <... -r.JCri mrrl ~"""'r 2~ r:~. C~.,:,., ~~ ;>c Z ::;3 ... " ~ d S D C <, ~ f'-...) c:::> = -.I :Jl: > ;;0 N N o ." :2.,., nl- -0 F;; ~h9 06 ::.;::l,i r5:D -"-0 CSnl ~ ~ -0 :z N .. w