HomeMy WebLinkAbout08-1253~~
MICHAEL A. FIASCHETTI AND
KRISTEN H. ABNER,
Owners
vs.
D. TERRY MILLER &
ASSOCIATES, INC.,
Contractor
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. [~ 8~ /.? ~".~ '~- `mil T.~
STIPULATION AGAINST LIENS
WHEREAS, MICHAEL A. FIASCHETTI AND KRISTEN H. ABNER of
5772 Catherine Street, Harrisburg, Dauphin County, Pennsylvania, hereinafter called "Owner"
are about to execute contemporaneously herewith a contract with D. TERRY MILLER &
ASSOCIATES, INC., of 90 S. Hershey Road, Harrisburg, Dauphin County, Pennsylvania,
hereinafter called "Contractor" for the for the erection or construction of a SINGLE FAMILY
DWELLING upon the lot of ground known as 5027 Pellingham Circle, Lot 57, Enola, Hampden
Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which
Michael A. Fiaschetti and Kristen H. Abner are the title holder of record.
NOW THEREFORE, it is stipulated and agreed between the parties, as part of
the contract and in further consideration thereof, that neither the Contractor or any subcontractor or
materialmen, nor any person famishing labor and materials under the contract or any supplemental
contract, may file a lien, commonly called a Mechanics' Lien, under the contract or any
supplemental contract, oral or written, for work done or materials furnished, such right being
expressly waived. Contractor warrants and represents that no work of any kind has been done and
no materials have been furnished, delivered or ordered in connection with the contract or any
supplemental contract for extra work. Contractor further agrees to indemnify Owner from any and
all damages, costs and expenses, including reasonable attorney's fees suffered by Owner as a result
of any lien filed or claim asserted against the property by Contractor, or any subcontractor,
matenalmen, workmen or any other person in violation of this stipulation.
IN WITNESS WHEREOF, this
executed this agreement intending to be legally bound.
SIGNED, SEALED AND DELNERED
IN THE PRESENCE OF
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day of February 2008, the parties have
Michae A. Fiaschetti
"OWNER"
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Kristen H. Abner
"OWNER"
D. TERRY MILLER & SSOCIATES, INC.
By: Cd~OG~.G
Mark Vergales, Vi resident
"CONTRACTOR"
A3
Exhibit A
ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden,
County of Cumberland and Commonwealth of Pennsylvania, lying along Pellingham
Circle and being approximately 500 feet west of the easterly intersection of
Heatherington Way and Pellingham Circle, bounded and described as follows, to wit:
BEGINNING at the intersection of the northerly right-of--way line of Pellingham Circle
(50 feet wide) with the line of division between Lot 56 and Lot 57; extending (1) thence
North 06°01'05" West, a distance of 214.13 feet; extending (2) North 83°58'55" East, a
distance of 130.00 feet; extending (3) thence South 06°01'05" East, a distance of 214.13
feet to the northerly right-of--way line of Pellingham Circle; extending (4) thence along
said right-of--way line South 83°58'55" West, a distance of 130.00 feet to the POINT OF
BEGINNING.
CONTAINING 27,837 square feet or 0.639 acres.
BEING Lot No. 57 as shown on a plan entitled "Final Subdivision Plan for Phase II and
Phase III, Wentworth Estates" dated 5/20/04, last revised 8/17/04, Job Number 1001-846,
prepared by LSC Design, Inc., York, PA and recorded in Cumberland County Office of
the Recorder of Deeds in Plan Book 90, Page 17.
UNDER AND SUBJECT to a Declaration of Restrictions, Covenants and Conditions for
Wentworth Estates Planned Community dated June 3, 2003, and recorded on June 9,
2003, in the Office of the Recorder of Deeds in and for Cumberland County, in Book
698, Page 599.
FUTHER UNDER AND SUBJECT to a Declaration Creating and Establishing
Wentworth Estates Homeowners' Association, dated June 3, 2003, and recorded June 9,
2003, in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Book 698, Page 636
FURTHER UNDER AND SUBJECT, NEVERTHELESS, to all restrictions,
conditions, easements and other matters appearing as of record.
9639-1-9ACONCNM
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