HomeMy WebLinkAbout03-2219ANDREW J. MALENE and PAMELA
D. MALENE
Owners
HARRY S. CLAYPOOL, Ill,
Contractor
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ~3-' o~2/~' ,et z-Z)
~TIPULATION AGAINST LIENS
WHEREAS, Andrew J. Malene and Pamela D. Malene, husband and wife,
of New Cumberland, Cumberland County, Pennsylvania (collectively the "Owner"),
have executed or are about to execute contemporaneously herewith a contract with
Harry S. Claypool, Ill, a sole proprietor, with an address in Carlisle, Cumberland
County, Pennsylvania (the "Contractor"), for construction of a single family home (the
"Improvements") on property known and numbered as Lot 24, Canyon Creek Road,
Lower Allen Township, Cumberland County, Pennsylvania, more particularly described
on Exhibit A attached hereto, incorporated herein by reference and made a part
hereof (the "Premises").
NOW, May~, 2003, before any authority has been given by the Owner
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, in
consideration of the making of said contract with the Owner and the further
consideration of One ($1.00) Dollar, to Contractor paid by Owner, and with the intent
of all parties to be legally bound hereby, it is agreed that no lien shall be filed against
the Improvements, the Premises, or any part thereof, by the Contractor or any
subcontractor, or 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
Improvements to the Premises (including hereafter changes made thereto), the right to
file 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 or the
Contractor, that the right to file 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.
IN WITNESS WHEREOF, Owner and Contractor have executed this
Stipulation Against Liens the day and year first above written.
WITNESS:
OWNER:
Andrew J. I~alene
i~.mela D. ~ale~
WITNESS:
CONTRACTOR:
arry S. Claypool, III
F:\daw~!lms\Real Estate Closings\5490 - MALENE, ANDREW J. AND PAMELA D\12073 - PURCHASE OF LOT 24, HIGH
MEADOWS\Documents\Stipulation Against Liens.doc 4/21/03 1:51 PM
EXHIBIT A
ALL THAT CERTAIN lot or tract of land in Lower Allen Township, Cumberland County, Pennsylvania, said
lot being shown as Lot No. 24 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 75, Page 94, said lot being more
particularly bounded and described as follows:
BEGINNING at a point on the Eastern right-of-way line of Choco Chase, said point being the
Southwestern corner of the above described lot and the Northwestern corner of Lot No. 23 on the above
referenced Subdivision Plan; thence along the same right-of-way, the following three (3) courses and
distances: 1) a curve to the left with a radius of three hundred twenty-five and zero hundredths (325.00)
feet and an arc length of seventy and sixty-nine hundredths (70.69) feet to a point; 2) North twenty-seven
degrees eighteen minutes thirty-three seconds West (N 27° 18' 33" W), seventy-nine and fifty-two
hundredths (79.52) feet to a point; and 3) a curve to the right at the intersection of Choco Chase and
Canyon Creek having a radius of ten and zero hundredths (10.00) feet and an arc length of fifteen and
seventy-one hundredths (15.71) feet to a point; thence along the Southern right-of-way line of Canyon
Creek, North sixty-two degrees forty-one minutes twenty-seven seconds East (N 62° 41' 27" E), one
hundred seventy-five and fifty-seven hundredths (175.57) feet to a point; thence along the Western
property line of the residual lands of New Penn Motor Express, Inc., South twenty-seven degrees
eighteen minutes thirty-three seconds East (S 27° 18' 33" E), two hundred two and thirty-six hundredths
(202.36) feet to a point; thence along the Northern property lines of Lots Nos. 16 and 23, South seventy-
five degrees nine minutes thirteen seconds West (S 75° 09' 13" W), one hundred ninety-seven and
eighty-nine hundredths (197.89) feet to a point, being the POINT OF BEGINNING.
CONTAINING an area of 33,910 square feet (0.778 acres).
BEING known and numbered as Lot 24, Phase IV, High Meadow, Plan Book 75, Page 94 situate in Lower
Allen Township, Cumberland County, Pennsylvania.
BEING the same premises granted and conveyed unto Andrew J. Malene and Pamela D. Malene,
husband and wife, by deed dated February 5, 2003, recorded February 13, 2003 in Cumberland County
Deed Book 255, Page 3816.
F:~daw~Jlms\Real Estate Closings~5490 - MALENE, ANDREW J. AND PAMELA D\12073 - PURCHASE OF LOT 24, HIGH
MEADOWS\Documents\EXHIBIT A.doc 4/21/03 1:54 PM