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HomeMy WebLinkAbout03-5553 STIPULATION AGAINST LIENS THIS AGREEMENT made the 20th day of October, 2003, by and between M1LLWOOD BUILDERS, INC., hereinafter referred to as Contractor, and MICHAEL S. OCKER and TERESA A. OCKEtL hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct a custom built home on that certain lot of ground situate at Lot 20, Old York Road, South Middleton Township, Cumberland Count, Pennsylvania, Proposed Re-Subdivision Plan for Yorkfield recorded in the Office of Cumberland County Recorder of Deeds in Plan Book 81, Page 28, known as more fully described in Exhibit "A" attached hereto and made a part hereof. NOW THEREFORE, WITNESSETH: That the said Contractor, for and in consideration of the sum of ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for themselves and their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on accotmt of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and the said Contractr for themselves, their subcontractors and others tinder them hereby expressly waive and reline the fight to have, file, and maintain any mechanic's liens or claims against the said buildings of them, and agree that this instrument, waiving the right of lien, shall be an independent c WITNESS our hands and seals this 20th day of October, 2003. Signed, Sealed and Delivered in the presence of Michael S. Ocker, Owner Teresa A. Ocker, Owner State of Pennsylvania County of Cumberland :SS On this, the 20th day of October, 2003, before me the undersigned officer, personally appeared Michael S. Ocker and Teresa A. Ocker, husband and wife, known to me to be the persons whose names are subscribed to the within instrument, and who acknowledge themselves to be the Owners of Lot 20, Old York Road, Carlisle, Pennsylvania and that they as such owners, executed the foregoing statement for the purposes therein contained by signing their names. In wimess whereof I have hereunto set my hand and notarial seal. Tar,re'hie L Pe~, Nota,,'y Pubac I Sou~n Middleton Tw~.. Cumb~tm~d County I lay Camm,~,sio~ E~res Sept. 9. 2007 I Member, Pennsylvl~nie AssociatiOn Of Notaries LEGAL DESCRIPTION ALL that certain tract of land situate in South Middleton township, Cumberland County, Pennsylvania, bounded and described as Lot 20 according to a Proposed Re-Subdivision Plan for Yorkfield, prepared by Stephen G. Fisher, P.L.S., of Fisher, Mowery, Rosendale & Associates, Inc., dated January 27, 1999 and recorded in Cumberland County Plan Book 81, Page 28. BEGINNING at a point along the northem right-of-way line of Old York Road (S.R. 0174) formerly Pa. Rte. 174 (L.R. 21009) at the dividing line between Proposed Lot No. 21 and Proposed Lot No. 20; thence along said dividing line North 04 degrees 26 minutes 18 seconds West 360.00 feet to a point; thence continuing along the same North 85 degrees 33 minutes 42 seconds East 267.52 feet to a point; thence along the dividing line between Proposed Lot No. 19 and Proposed Lot No. 20 South 56 degrees 40 minutes 41 seconds East 424.29 feet to a point; thence along the centerline of Pheasant Lane (T-514) South 11 degrees 40 minutes 55 seconds East 67.49 feet to a point; thence continuing along the same through the intersection of Pheasant Lane (T-514) and Old York Road (S.R. 0174) formerly Pa. Rte. 174 (L.R. 21009) South 03 degrees 03 minutes 35 seconds East 33.24 feet to a point; thence along the centefline of Old York Road (S. R. 0174) formerly Pa. Rte. 174 (L.R. 21009) South 85 degrees 33 minutes 42 seconds West 610.66 feet to a point, the place of BEGINNING. BEING Proposed Lot No. 20 on the hereinabove referenced plan and containing a gross area of 3.9954 acres. UNDER AND SUBJECT to a proposed 40-foot drainage easement which lies along the eastern line of the above-referenced lot.