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HomeMy WebLinkAbout03-2946_ ~-28-03 13:39 FROM-S~IGEL,ANDERSON & SACKS T172343511 T-804 P.OZ/03 F-56Z JEFFREY L. RAFFENSPERGER ~md CHERYl, A.~RUTTER, Owner VS. THOMAS J. CARRICATO & SONS BLrlI_DERS, INC., Contractor IN THE COURT OF COM2vlON PLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA qo. O3- STIPULATION AGAINST LIENS WHEREAS, JEFFREY L. RAFFENSPERGER and CHERYL A.d RUTTEI~ of 4105 Kingswood Court, Harrisburg, Pennsylvania, hereinafter called "Owner" are about to execute contemporaneously herewith a contract with Thomas J. Carricato & Son~ Builders, Inc. ofS0 Lestcr Road, Harrisburg, DauphinCounry, Penmylvania, hereinafter called "Contractor" for the erection, construction, alteration or repair of a bulldh~g and other improvemen~ upon the property and reai estate known as Lot #5, Wentworth Estates, Cumberland County, Pennsylvania, more particularly described on Exhibit "A' attached hereto and made a part hereof.. NOW THEREFORE, it is stipulated and agreed between the parties, a~ part of the contract and in further consideration thereof, that neither the Contractor or any subcontractor or materialmen, nor any person furnishing labor and materials under the contract or any supplemental contract, may file a lien, commonly called a Mechanics' Lien, m~der the contract or any supplemental contract, oral or written, for work done or materials furnished, such fight being expressly waived. Contractor warfares and represenUs th~ no work of any kind ha~ be~n done and no materials have been furnished, delivered or ordered in connection with the contract or any suppleme~tal contract for extra work. Contractor further agree~ to indemnify Owner from any and all danuages, costs and expenses, including reasonable attorney% fees suffered by Owner as a result of any lien filed or claim asserted against tke property by Contractor, or any subcontraCtor, materialmen, workmen or any oth~ person in violation of this stipulation. IN WITNESS WHEREOF, this ~,,~C day of ~ , 2003, the parties have executed this agreement intending to be legally bound. SIGNED, SEALED AND DELIVERED THOMAS J. CP;RPdCATO & SON~ BUILDERS, INC. (Authorized ~nature) ,~._~AY-~8'O3 13:$$ ;ROM-SMIGEL,ANDERSOH & SACKS 7172S43811 T'804 P.O'/OS ;'58~ File No. 7188-1-9A JAB ALL THAT CERTAIN piece or parcel of land situate in the TownshJp of Hampden, County of Cumberland and State of Pennsylvania, lying along pellingham Circ · and being approximately 300 feet southeast of the intersection of Eaglesmoor Land and Pellingham Circle, bounded and described as follows, to wt: BEGINNING et the intersection of the southerly right of way line of Pellingham Circle (50 feet wide) with the line of division between Lot 4 and Lot 5; extending (1) thence along Lot 4 South 010 37' 35" West 224.91 feet; extending (2) thence along Lot 64A South 82° 02' 47" West '146.67 feet; e×tending (3) thence along Lot 6 North 07° 57' 13" West 145.88 feet; extending (4) thence along tr~e same North '17~ 51' 01" East 129.55 feet to the southerly right of way line of Pellingham Circle; extending (5) thence along said right of way line by e curve to the left having a radius of 475.00 feet, an arc length of 134.50 feet, and a chord bearing and distance of South 80° 15' 42" East 134.05 feet to the piece of BEGINNING. CONTAINING: 0,869 acre. BEING Lot No. 5 as shown on a plan entitled "Final Subdivision Plan for Phase 1, Wentworth Estates", dated November 20, 2002, last revised April 11,2003, Job Number 1001-846 prepared by LSC Design. Inc., York, PA and recorded in Cumberland County Office of the Recorder of Deeds in Plan Book _/~L~.-,, Page ~O.