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HomeMy WebLinkAbout07-3958 Prepared By and Return to: Wix, Wenger 8~ Weidner Post Office Box 845 Harrisburg, PA 17108-0845 Tax Parcel No. 10-19-1602-223 STEVEN M. AND CLAUDIA M. WILLIAMS, Owners : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. THE MCNAUGHTON COMPANY, Contractor NO. b'j-39 5$ M.L.D. 2007 STIPULATION AGAINST LIENS WHEREAS, Steven M. Williams and Claudia M. Williams, husband and wife, having a mailing address of 442 Timber Chase Drive, Mechanicsburg, Pennsylvania 17050 (the "Owners"), have executed or are about to execute contemporaneously herewith a contract with The McNaughton Company, a Pennsylvania Corporation having a mailing address of 4400 Deer Path Road, Suite 210, Harrisburg, Pennsylvania 17110 (the "Contractor"), for construction of a residential home on property located at Lot No. 81 Good Hope Farms South - Phase XIII, also known and numbered as 5123 S. Deerfield Avenue, Mechanicsburg, Pennsylvania, more particularly described on Exhibit A attached r hereto, incorporated herein by reference and made a part hereof (the "Premises"). NOW, June ~, 2007, before any authority has been given by the Owners to the Contractor to commence work on the construction, or to purchase materials for the same, or to enter into any contracts with any subcontractors or materialmen, or to authorize any purchasers by or through any subcontractors or materialmen, and in consideration of the making of said contract with the Owners and the further consideration of One ($1.00) Dollar, to the Contractor paid by Owners, and with the intent of all parties to be legally bound hereby, it is agreed that no lien shall be filed against the Premises, or any part thereof, by the Contractor or any subcontractor, or by and of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased, for the construction of a residential home on 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 residential home on the Premises is hereby waived. IN WITNESS WHEREOF, the Owners and Contractor have executed this Stipulation Against Liens the day and year first above written. WITNESS: C~" b~ OWNE S: ;' ~ ~-' ven M. Williams ~~~~ i~ Claudia M.'Williams ATTEST: 7 t. .. (SEAL) CONTRACTOR: The McNaughton Company By: ~ Fr n s . M aughton Presiden EXHIBIT "A" ALL that certain piece, parcel or lot of land, together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the Northern right-of-way line of Adam Lane (fifty [50.00] feet wide), said point being located at the Southwestern corner of Lot No. 82; then along said right-of-way line South fifty-five degrees forty minutes thirteen seconds West (S 55° 40' 13" W), for a distance of fifty-five and ninety- one hundredths (55.91) feet, to a point on the arc of a circle curving to the right, having a radius of twenty-five and no hundredths (25.00), and an arc length of forty-one and nineteen hundredths (41.19) feet, to a point on the Eastern right-of- way line of South Deerfield Avenue (fifty [50.00] feet wide); then along said right- of-way line on the arc of a circle curving to the right, having a radius of six hundred seventy-five and no hundredths (675.00) feet, and an arc length of one hundred sixty-eight and fifty-three hundredths (168.53) feet, and passing through a proposed twenty (20.00) foot wide drainage easement, to a point at the Southwestern corner of Lot No. 45 of Phase XI; then along the Southern boundary line of said Lot No. 45 of Phase XI, and along the centerline of said proposed twenty (20.00) foot wide drainage easement, North seventy-five degrees forty minutes thirteen seconds East (N 75° 40' 13" E), for a distance of one hundred nine and eighty-three hundredths (109.83) feet to a point at the Northwestern corner of Lot No. 82; then along the Western boundary line of Lot No. 82, and through said proposed twenty (20.00) foot wide drainage easement, South fourteen degrees nineteen minutes forty-seven seconds East (S 14° 19' 47" E), for a distance of one hundred sixty-three and ninety-two hundredths (163.92) feet, to a point and the place of BEGINNING. This piece, parcel or lot of land contains approximately 17,657 square feet of land, and is known and numbered as Lot No. 81 on the Final Subdivision Plan for Good Hope Farms South -Phase XIII, which is recorded in Cumberland County in Plan Book 92, Page 34. BEING A PART of the same premises which Thomas W. Gaughen, d/b/a TWG Real Estate Management Services, conveyed to The McNaughton Company, a Pennsylvania Corporation, by deed dated October 5, 1994, and recorded in Cumberland County in Record Book 112, Page 1058. F:\sjd\9428 Williams, Steven M. and Claudia M\14452 Lot 81, Good Hope Farms South\Documents\Stipulation against mechanics liens.doc cn '6Q ~ ~ ~ ~ ..t~ W -> -. ~ , ~' r r} ~ _~