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STIPULATION AGAINST LIENS
THIS AGREEMENT made the 27th day of May, 2003
by and between HOME DESIGNS UNLIMITED
hereinafter referred to as Contractor,
DAVID P. NUSCHKEANDMELISSA T. NUSCHKE
hereinafter referred to as Owner, whereby the former undertook and agreed to construct a
single family dwelling, in 5725 Aspen Lane (Lot %123) Cumberland County, Enola, Pa 17025,
more particularly described in exhibit "A",
NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and
in consideration of the sum of One (1.00) Dollar to it in hand
paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration
mentioned in the agreement aforesaid, for themselves and their subcontractors, and all
parties acting through or under them, covenant and agree that no mechanic's liens or
claims shall be filed or maintained by them or any of them against the said buildings and
the lot of ground appurtenant thereto for or on account of any work done or materials
furnished by them or any of them under said contract or otherwise, for, towards, in, or
about the erection and construction of the said buildings on the lot above described, and
the said Contractor, for themselves, their subcontractors and others under them hereby
expressly waive and relinquish the right to have, file, and maintain any mechanic's liens
or claims against the said buildings or any of them, and agree that this instrument,
waiving the right of lien, shall be an independent covenant.
WITNESS our hands and seals rhe day and year first above written.
signed, Sealed and Delivered
in the presence of
HOME DESIGNS UNLIMITED
DAVID R. THOMPSON
DAVID
MELISS,
p. NUSCHKE
(SEAL)
(SEAL)
(SEAL)
File No. P134,285
LEGAL DESCRIPT!ION
ALL that certain piece, parcel or lot of land situate in Hampden Township, Cumberland
County, Pennsylvania, and bounded and described as follows:
BEGINNING at a point on the Eastern right-of-way line of Aspen Lane (50.00 feet wide),
said point being located at the Southwestern comer of Lot No. 124; then along the Southern
boundary line of Lot No. 124, and along the centerline of a 30.00 foot wide existing sanitary
sewer easement, South 80 degrees 12 minutes 12 seconds East, for a distance of 129.20 feet, to a
point in line of other lands now or formerly of The McNaughton Company; then along said other
lands of McNaughton, and through said 30.00 foot wide existing sanitary sewer easement, South
06 degrees 54 minutes 43 seconds West, and through a variable width sanitary sewer access
easement, for a distance of 125.00 feet to a point at the Northeastern comer of Lot No. 122; then
along the Northern boundary line of Lot No. 122, and along the centerline of said sanitary sewer
access easement, North 68 degrees 32 minutes 27 seconds West, for a distance of 152.85 feet, to
a point on the Eastern right-of-way line of Aspen Lane (50.00 feet wide); then along said
right-of-way line and through said sanitary sewer access easement, on the arc of a circle curving
to the left, having a radius of 175.00 feet, and an arc length of 8.82 feet, to a point along same;
then North 18 degrees 34 minutes 15 seconds East, for a distance of 72.71 feet to a point along
same; then on the arc of a circle curving to the left having a radius of 175.00 feet, and an arc
length of 13.50 feet, and through said 30.00 foot wide existing sanitary sewer easement, to a
point and the place of BEGINNING.
This piece, parcel or lot of land consists of approximately 15,283.30 square feet of land, and is
known and numbered as Lot No. 123 on the Final Subdivision Plan for Westbury - Phase 6-B,
which is recorded in Cumberland County in Plan Book 83, Page 129.
BEING THE SAME pREMISES which The McNaughton Company by their
Deed dated ~\~v ~ ,2003 and about to be recorded in the
Office of the RecOrder of Deeds in and for Cumberland County,
Pennsylvania, granted and conveyed unto David P. Nuschke and
Melissa T. Nuschke, h/w Mortgagors herein.
PA3
Form 4100
Form 4100