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HomeMy WebLinkAbout03-5426Sti ulati a lllaiasl Patrick A. ~lcCarth¥ & Panla M. McCarthy VS. lohn W. MC~ister Contractor, lac In the Court of Common Pleas, County o[ Cumberland, Pennsylvania Number 0'~- 5"~2~/'~.~ Tern, 2003 Whereas Patrick I. McCaflhy & Paula M. McCaflhy, of Dauphin, Pennsylvania, is about to execute contemporaneously herewith, a contract, with John W. MCaliister CoMractor, Inc, o[ Marysville, Pennsylvania, for the erection of a one stor,/dwelling building upon a lot of land situate in Silver Spring, Cumberian6 County, Pennsylvania, more particularly bounded and described as follows, to wit: RLL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particalariy bounded and described as follows, to wit: (See Exhibit "A") Now, September , 2003, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Owners to the said Contractor to commence work on the said building, or purchase materials for the same in consideration or' the making of tile said contract with John W. MCallister Contractor, Inc. and the ~'ther consideration of One Dollar, to Contractor paid by Patrick a. McCarthy & Paula M. McCaflhy, it is agreed that no lien shall be filed against the building by the contractor, or any sub-contractor, nor byany of the material men or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to tile such liens being expressly waived. Witness, our hands and seals the day and year aforesaid~ Sig/n.~! and Seale~in ~c presence (Seal) (Seal) (Seal) Stipulation Against Liens Owner versus Contractor Term, 20 Filed ,20 "EXHIBIT "A" ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northeastern dedicated right-of-way line of Kelly Drive and the dividing line between Lots Nos. 25 and 24 as shown on the hereinafter mentioned plan of lots; thence along said dividing line between Lots Nos. 25 and 24; North 54 degrees 16 minutes 3 seconds East, a distance of 612.53 feet to a point at lands now or formerly of Lawrence R. Vogelsong; thence along said latter lands, North 7 degrees 3 minutes 45 seconds West, a distance of 82.84 feet to a point at corner of lands now or formerly of William L. Danner; thence along said latter lands and lands now or formerly of Herbert W. Darmer, South 79 degrees 10 minutes 5 seconds East, as distance of 555.20 feet to a point at the dividing line between Lots Nos. 25 and 26 as shown on the hereinafter mentioned plan of Lots; thence along said dividing line between Lots Nos. 25 and 26, South 23 degrees 22 minutes 57 seconds West, a distance of 401.99 feet to a point on the northern dedicated right-of-way line of Kelly Drive; thence along said northern dedicated right-of-way line of Kelly Drive, in an eastwardly direction on a curve to the right having a radius of 525 feet, an arc distance of 283 feet to a point on the same at the dividing line between Lots Nos. 25 and 24 as shown on the hereinafter mentioned plan of lots, the place of BEGINNING. BEING Lot No. 25 as shown on a certain subdivision plan of lots entitled "Final Subdivision Plan of 15 Lots 'Green Ridge Estates'- Section II", dated May 29, 1987 (revised November 23, 1987, December 21, 1988 and August 8, 1989) and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 59, Page 98. BEING the same premises which W. Wayde Kelly and Glenda F. Kelly, husband and wife by their deed dated June 27, 2002, and intended to be recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania granted an conveyed to Patrick A. McCarthy and Paula M. McCarthy, husband and wife. TOGETHER WITH all of mortgagors' right title and interest in and to the fight of passage from the above described premises to Linda Drive as conveyed by W. Wayde Kelly and Glenda F. Kelly to Patrick A. McCarthy and Paula M. McCarthy in the deed referred to above.