Loading...
HomeMy WebLinkAbout07-5061rJ GALE HOMES, INC., Owner v. HOWARD C. GALE, JR., Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 7 • SbG / /h,c 0 ~i~,.. STIPULATION AGAINST LIENS WHEREAS, GALE HOMES, INC., of 1440 Waterford, Camp Hill, Pennsylvania, 17011, (the "Owner") the Owner of the hereinafter described tract of land, has executed or is about to execute contemporaneously herewith a contract with HOWARD C. GALE, JR., (the "Contractor") for improvements to the premises located at Lot 1-B2 Creekside Drive, East Pennsboro Township, Cumberland County, Pennsylvania, more particularly described on "Exhibit A" attached hereto and made a-part hereof (the "Premises"). NOW, this August 21, 2007,. before any authority has been given by said Owner to the said Contractor to commence work on said Premises or to otherwise construct any improvements thereto, 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 Dollar ($1.00), to Contractor paid by said Owner, and with the intent of all parties to be legally bound hereby, it is agreed that no lien shall be filed against the building or 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 building and 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 building and improvements to the Premises above described is hereby waived. WITNESS our hands and seals the day and year first above Gale Homes, Inc. By:~ Pre ,~, EXHIBIT A ALL THAT CERTAIN tract or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania more particularly bounded and described as follows to wit: BEGINNING at a point on the eastern dedicated right-of-way of Creekside Drive, T-662 (25' from centerline) at the dividing line between Lots 1-B1 and 1-B2 as shown on the hereinafter mentioned plan; thence along the eastern dedicated right-of-way line of Creekside Drive, T-662 North twenty-two degrees, forty-one minutes, zero seconds East (N 22° 41' 00'E) a distance of twenty- four and fifty hundredth feet (24.50') to a point; thence continuing along the eastern dedicated right-of-way line of Creekside Drive, T-662 North twenty-one degrees, forty-five minutes, zero seconds East (N 21° 45'00" E) a distance of ninety and eighty-six hundredth feet (90.86') to a point; thence along the southern line of lands now or late of Neil M. Kreitzer South sixty-eight degrees, fifteen minutes, zero seconds East (S 68° 15' 00" E) a distance of two hundred sixty-two and ninety-one hundredth feet (262.91') to a point on the western line of the Conodoguinet Creek; thence along the western line of the Conodoguinet Creek South twenty-one degrees, eighteen minutes, fifty-three seconds West (S 21° 18' 53" W) a distance of one hundred fifteen and thirty-six hundredth feet (115.36') to a point at the dividing line between Lots 1-B1 and 1-B2; thence along the dividing line between Lots 1-B1 and 1-B2 North sixty- eight degrees, fifteen minutes, zero seconds West (N 68° 15'00" W) a distance of two hundred sixty-four and eighteen hundredth feet (264.18') to a point on the eastern dedicated right-of-way line of Creekside Drive, T-662, said point being the place of BEGINNING. CONTAINING 30,384.47 square feet or 0.6975 acres. BEING Lot 1-B2 as shown on the Final Subdivision Plan for Charles E. Cain, II. Said plan being recorded in the Office of the Recorder of Deeds of and for the County of Cumberland, in Plan Book 93, Page 87, Project Drawing No. 206111 prepared by Hoover Engineering Services, Inc. BEING THE SAME premises which Charles E. Cain, II and Christina L. Cain husband and wife, by deed dated August 3, 2007, and recorded August 9, 2007, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Instrument No. 200731186, granted and conveyed unto Gale Homes, Inc. ~ v~ ~~~ i~ ~ i n ~ i ~' ~~ h ` ~ w .~ - y. ~~ A ~F~I '~., ~" ~ .> l j ~_ '~ ~ C" -~-i " , v (,~ ~ ~ ~ v w r .~