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Home My WebLink About08-1549 MICHAEL E. TARVIN, IN THE COURT OF COMMON PLEAS OF Owner CUMBERLAND COUNTY, PENNSYLVANIA v. SUNNYROCK BUILDING & DESIGN, LLC, Contractor NO. _Q 8 - IS'y9 /~?Gl7 ~~1z.rrt STIPULATION AGAINST LIENS WHEREAS, Michael E. Tarvin, an adult individual, of Cumberland County, Pennsylvania (the "Owner"), has executed or is about to execute contemporaneously herewith a contract with Sunnyrock Building & Design, LLC, a Pennsylvania limited liability company, with offices at 1780 Pinetown Road, Wellsville, Pennsylvania 17365 (the "Contractor"), for construction and completion of basement improvements (the "Improvements") on property known and numbered as 117 Willow Lake Drive, Silver Spring Township, Cumberland County, Pennsylvania, more particularly described on Exhibit A attached hereto, incorporated herein by reference and made a part hereof (the "Premises"). NOW, THEREFORE, on March 7, 2008, before any authority has been given by the Owner to the Contractor to commence work on the Improvements, 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 ($1.00) Dollar, to Contractor paid by Owner, and with the intent of all parties to be legally bound hereby, it is agreed that no lien shall be filed against the Improvements, the 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 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 construction of the Improvements to the Premises is hereby waived. IN WITNESS WHEREOF, Owner and Contractor have executed this Stipulation Against Liens the day and year first above written. WI E S: OWNER: ~~~~~ Michael E. Tarvin WITNESS: CONTRACTOR: Sunnyrock Building & Design, LLC By: sam, Sole Member U:1Harddrive\wpdoclConstruc\Stipulation Against Liens - 117WiIlowLakeDrive.doc EXHIBIT A ALL THAT certain lot, parcel or tract of land located in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point on the western right-of-way line of Willow Lake Drive, said point being located the following sixteen (16) courses from its intersection with the eastern right-of-way line of King Drive (T-590) 1) North sixty-nine degrees, fifty-four minutes, fifty seconds East (N 69° 54' 50" E), a distance of one hundred eighty-eight and fifty- three hundredth feet (188.53') to a point; 2) thence by a curve to the left, having a radius of four hundred seventy- five feet (R= 475.00'), an arc distance of one hundred ten and eight hundredth feet (A/L = 110.08') to a point; 3) North fifty-six degrees, thirty-eight minutes, eleven seconds East (N 56° 38' 11" E), a distance of ninety-five and thirty-four hundredth feet (95.34') to a point; 4) by a curve to the right, having a radius of six hundred twenty-five feet (R= 625.00'), an arc distance of eighty-nine and ninety-nine hundredth feet (A/L = 89.99') to a point, 5) North sixty-four degrees, fifty-three minutes, eleven seconds East (N 64° 53' 11" E), a distance of eighty-three and sixteen hundredth feet (83.16') to a point; 6) by a curve to the left, having a radius of two hundred twenty-five feet (R= 225.00'), an arc distance of eighty-seven and seventy hundredth feet (A/L = 87.70') to a point; 7) North forty- two degrees, thirty-three minutes, eleven seconds East (N 42° 33' 11" E), a distance of one hundred eighty-one and eighty-three hundredth feet (181.83') to a point; 8) by a curve to the left, having a radius of three hundred feet (R = 300.00'), an arc distance of one hundred eighty-eight and ninety-four hundredth feet (A/L =188.94') to a point; 9) North six degrees, twenty-eight minutes, eleven seconds East (N 06° 28' 11" E), a distance of fifty-four and twenty-three hundredth feet (54.23') to a point; 10) by a curve to the right, having a radius of two hundred seventy- five feet (R =275.00'), an arc distance of ninety-one and nineteen hundredth feet (A/L = 91.19') to a point; 11) North twenty-five degrees, twenty-eight minutes, eleven seconds East (N 25° 28' 11" E), a distance of one hundred sixty-nine and thirty-two hundredth feet (169.32') to a point; 12) by a curve to the left, having a radius of two hundred twenty-five feet (R= 225.00'), an arc distance of one hundred nineteen and seventy-seven hundredth feet (A/L =119.77') to a point; 13) North five degrees, one minute, forty-nine seconds West (N 05° 01' 49" W), a distance of ninety-five and ninety-four hundredth feet (95.94') to a point; 14) by a curve to the left, having a radius of nine hundred seventy-five feet (R = 975.00'), an arc distance of seventy-five and sixteen hundredth feet (A/L = 75.16') to a point; 15) North nine degrees, twenty-six minutes, forty-nine seconds West (N 09° 26' 49" W), a distance of one hundred twenty-seven and six hundredth feet (127.06') to a point; 16) by a curve to the right, having a radius of one thousand twenty-five feet (R= 1,025.00'), an arc distance of forty-eight and forty-eight hundredth feet (A/L = 48.48') to a point; thence from said point of Beginning, by Lot No. 4 South eighty-three degrees, fifteen minutes, forty-six seconds West (S 83° 15 46" W), a distance of four hundred seventy and seventeen hundredth feet (470.17') to a point; thence by land now or late of Sylvan L. and Helen U. Vogelsong North zero degrees, twenty-nine minutes, zero seconds East (N 00° 29' 00" E), a distance of three hundred forty- five feet (345.00') to a point; thence by Lot No. 6 South eighty-two degrees, nine minutes, fifty-two seconds East (S 82 ° 09' 52" E), a distance of four hundred sixty-two and eight hundredth feet (462.08') to a point; thence by the western right-of-way line of Willow Lake Drive the following three (3) courses 1) by a curve to the left, having a radius of two hundred seventy-five feet (R= 275.00'), an arc distance of forty-three and seventy-five hundredth feet (A/L = 43.75') to a point; 2) South one degree, sixteen minutes, forty-nine seconds East (S 01 ° 16' 49" E), a distance of eighty-five and eighty-seven hundredth feet (85.87') to a point; 3) by a curve to the left, having a radius of one thousand twenty-five feet (R = 1,025.00'), an arc distance of ninety-seven and sixty-three hundredth feet (A/L = 97.63') to a point, the place of Beginning. For Information Only: Said lot contains 131,463.19 square feet or 3.0180 acres. Being Lot No. 5 on the Major Subdivision Plan For Willow Lake, as recorded in the Office of the Recorder of Deeds of and for Cumberland County Pennsylvania in Plan Book 86 Page 136. Being known and numbered as 117 Willow Lake Drive, Carlisle, Pennsylvania Being the same premises which Jonathan L. Ruhsam, an adult individual, by deed dated March 7, 2008, recorded in Cumberland County, granted and conveyed unto Michael E. Tarvin, an adult individual. ti 0 0 4 0 ~V ~^ 1 3 ~' C- ~s''. ~} ,° ~~' ~::. ,° ~; °~- ', ~' N d c~ N N ~ri~ ~~ -r~~ y ~~~ `t" -G