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HomeMy WebLinkAbout03-3271 IN THE COURT OF COMMON PLEAS OF R~chard M. Kl£ne, iii : Jennifer M. Kline husband and wife vs S &~Homes, Inc. Cumberland C 0UbFI~f, P F~NS'fLVA~IA STIPUTATION AGAINST LIE~S Jennifer M. Kline ~q{F-R3.AS, Richard M. Kline, III and entered into a contract wir~. S & Hcgnes, Inc. 1060 ~rindle Rd.M~kx carlisle to provide m~tarials and/or perform labor necessary for r~e core.ruction and ~re-~i6~--or the al~eratlon and repair 6f (a) building(s) upon those certain pieces or parcels of !and situta:cd in SouthamPton Township, C~rl~_nd Count-t, Pennsylvania, being more particularly bounded a~d described as follows: Walnut Bottom Road, Map 39-33-1883-007, in a deed from Jay A. Doyle and Janice C. Doyle, dated Dec. 10, 2001 and recorded in the Office of the Recorder of Deeds of Cumberland County, Psnnsylvania in Deed Book 249 at page 3053, to Richard M. Kline, III and Jennifer M. Kline. The undersigned warrant that no material or supplies have been delivered to the site and no labor services performe~ at the site in furtherance of said contract. NO~, TI~c~-RZ~FOI~E, i~ is hereby stipulated and a~reed by and between the said parries, as par~ of the said contract and for the cor~ideracion therein set forrt% that neither the u~dersigned contractor, any sub-contrac:or o= materialman, nor any other person furnishing labor or materials ~o the sai~ contrac:or u~der ~his conmract shall file a lien, commonly called ~mechanic's lien, f~r work done or materials ful-nished ~o the said building or any par~ thereof. This stipulation is made and intended to be filed with the Cou~/ Pro~honotary within ~an (10) days after data, in accordance wi~h requirements of Act of Assemble of Pennsylvania, in.such case provided. IN WITNESS WI{F_~.EOF, the. said parties hereto have hereunto set ~heir hands seals this 7th day of July , ~ 03. By: %UZTIg'ESSE$: S & A Homes, I~c. All those two tracts of land situate in Southhampton Township, Cumberland County, Pem~sylvania, more fully founded and described as follows: Tract No. 1: BEG1NN1N on the center line of Pennsylvania Ronte 174, known as the Molly Pitcher Highway, and edge of line now or formerly of Edwin S. Hays; thence along lien of property now or formerly of Edwin S. Hays, South forty-one (41) degrees seven (7) minutes East, one hundred eighty-three and seventy-three hundredths (183.73) feet to an iron pin; thence by land now or formerly of C Roy Funk et us, North eighty-three (83) degrees twenty-four (24) minutes East ninety-six and fifty-one hundredths (96.5 l) feet to an iron pin; thence by land now or formerly of C. Roy Funk et ux, North four (4) degrees forty-five (45) minutes West one hundred forty-three (143) feet to a point on the center line of the said Molly Pitcher Highway; thence along the center line of the said Molly Pitcher Highway, South eighty-three (83) degrees twenty-four (24) minutes West two hundred and sixty-two hundredths (200.62) feet to a point at the comer of land now or formerly of Edwin S. Hayes, and point of BEGINNING. Tract No. 2: BEGINNING at an iron pin at the property line of lands now or formerly of Garry L. Delancy; thence by same and lands now or formerly of Guy M. Delancy South 48 degrees 38 minutes 32 seconds East, 105.55 feet to an iron pin in said property line at comer of Tract "C" on subdivision plan of Lloyd H. Herr, dated February 17, 1977, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plat Book 29 at page 146; thence by Tract "C" North 75 degrees 51 minutes 17 seconds East, 35.20 feet to an iron pin at comer of lands now or formerly of lay A. Doyle; thence by same North 12 degrees 17 seconds 43 minutes West 87.04 feet to an iron pin in said property line; thence by lands now or formerly of Thomas L. Frey, South 75 degrees 51 minutes 11 seconds West 97.79 feet to an iron pin at property line of land now or formerly of Garry L. Delancy, the place ofbegirming. Containing 0.1328 acre per survey of Carl D. Bert, R.S., and being Tract "D" on the aforementioned subdivision plan. Subject to restrictions as contained in Deed Book 249 at page 3053. Being the same tracts of land which Jay A. Doyle and Janice C. Doyle, husband and wife, by their deed dated the 10~ day of December, 2001, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Book 249 at page 3053, granted and conveyed unto Richard M. Kline and Jennifer M. Kline, husband and wife, and being the same tract of land which Richard M. Kline, a/k/a, Richard M. Kline, III, and Jennifer M. Kline, by their deed dated the 72 day of July, 2003, and intended to be recorded herewith in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, granted and conveyed unto Richard M. Kline, III and Jennifer M. Kline, husband and wife, mortgagors herein.