Loading...
HomeMy WebLinkAbout08-2218/~fo.0~~~1~ ~~~ F:IFILES\ClientsUteal Estate\9975\9975.6.STIPVL.wpd STIPULATION AGAINST LIENS Robert G. Commerer, Jr. and Maxine J. Commerere, his wife Owners v. Allison Construction, LLC Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA This instrument is executed this 31 S` day of March, 2008, by Allison Construction, LLC, located at 1740 Warm Springs Road, Chambersburg, PA 17202 ("Contractor") (or "Subcontractor"') in favor of Robert G. Commerer, Jr. and Maxine J. Commerer ("Owners") Whereas, Owners are about to execute contemporaneously herewith, a contract with Contractor for the erection of a New Home upon a lot of land situate in Southampton Township, Cumberland County, Pennsylvania, being known as Lot No. 2 along Gutshall Road, as recorded in Cumberland County Plan Book 93, Page 28, more fully described as follows: ALL THAT CERTAIN parcel of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a set railroad spike in the center line of Township Route T-319, known as Gutshall Road, at the dividing line between Lots No. 1 and 2 on the hereinafter mentioned Subdivision Plan; thence along said Gutshall Road, South 64 degrees 54 minutes 59 seconds East, 247.60 feet~to an existing railroad spike at line of lands now or formerly of William F. Ferris and Kerrie Ferris; thence along lands now or formerly of William F. Ferris and Kerrie Ferris; South 11 degrees 24 minutes 20 seconds West, 218.07 feet to an existing iron pin; thence continuing along same, South 76 degrees 00 minutes 13 seconds West, 266.33 feet to a set iron pin at dividing line with Lot No. 1 on the hereinafter mentioned Subdivision Plan; thence along Lot No. 1 on the hereinafter mentioned Subdivision Plan, North 11 degrees 24 minutes 20 seconds East, 390.87 feet to a set railroad spike in the center line of Township Route T-319, known as Gutshall Road, the point and place of BEGINNING. CONTAINING a total lot area of 1.6816 acres, more or less, and being designated as Lot 2 on a Preliminary/Final Subdivision Plan for Roger L. Hosfelt, prepared by Eric L. Diffenbaugh, Professional Land Surveyor, dated May 21, 2004, and recorded in the Cumberland County Plan Book 93, Page 28. UNDER AND SUBJECT to the following reservations, restrictions and conditions which shall be binding on all Grantees, their heirs and assigns: 1 1. No picket, wire or solid fences over six (6) feet in height shall be allowed. 2. No horses, cows, goats, sheep, swine or fowl shall be kept or maintained on the premises. No dog kennels or boarding of dogs or cats, etc. will be allowed. Personal pets or a single horse, cow, goat, sheep, swine or fowl will be permitted subject to local township ordinance. 3. No trailers, double-wide trailers, tents, basement, shack, barn or other outbuildings shall at any time be used for residential purposes, either temporarily or permanently, nor shall any residence or a temporary character be permitted. All residence shall be completed with one (1) year of starting construction and have a minimum market value of $180,000.00. 4. Exterior walls of the dwelling shall be of wood siding, brick, stone, aluminum, masonite siding or materials acceptable to the developer. Parged walls, cinderblock or unfinished cement walls are not permitted. All portions of walls visible above ground level shall be finished. 5. Unsightly deposits, dumps or garbage shall be prohibited in the development. There shall be no outside storage on the lot of disabled or dismantled motor vehicles, appliances, furniture or materials not customarily used in exterior landscaping or yard use. 6. Owners and/or agents must present plans to the Developer and obtain his approval prior to the start of any construction, which approval will not be unreasonably withheld. BEING PART OF THE SAME PREMISES which Irvin W. Bowers a/k/a Irvin W. Bowers, Jr., by his Deed dated February 17, 2006, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 273, Page 1085, granted and conveyed unto RLH Contractors LLC. Now, March 31, 2008, at the time of and immediately before the execution of the construction contract aforesaid, 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 of the Owners making of the said contract with Contractor, and intending to be legally bound hereby, it is agreed that no lien shall be filed against the building by Contractor, or any sub-contractor, nor 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 erection of said building, the right to file such liens being expressly waived. 2 Witness, our hand and seals the day and year aforesaid. Signed,Sealed and Delivered in the presence of Allison Construction, LLC 7~~ , Commonwealth of Pennsylvania Fr~tI7 I LI I i'1 : S S County of G:~~ . ~..- _ / ,Contractor ~~- _ ~--_ Robert G. Commerer, Jr., r Ma ine~. Col merer, Owner On this, the 'day of ~ r~/ , 2008, before me, a Notary Public, personally appeared ~n~- ~~//~srry[ ,known to me to be the person whose name is subscribed, and who acknowledges himself to be the managing member of Allison Construction, LLC, a Pennsylvania limited liability company and that he as such managing member, being authorized to do so, executed the foregoing statement for the purposes therein contained by signing the name of the limited liability company by himself as said managing member. In witness whereof I have hereunto set my hand and notarial seal. • ~. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lori B. Snyder, Notary Public Hamilton Twp., Franklin County My Commission Expires June 28, 2008 Member, Pennsylvania Association of Notaries 3 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF EH~~dD ) ~z- On this, the-3-I-st-~day of~~r, 2008, before me, the undersigned officer, personally appeared, Robert G. Commerer, Jr. and Maxine L. Commerer, known to me or satisfactorily proven to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~'Lf ~ ~ (SEAL) Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lori B. Snyder, Notary Public Hamilton Twp., Franklin County My Commission Expires Lune 28, 2008 Member, Pennsylvania Association of Notaries 4 1 v R^~ ~,..+' J w ~~ -~ ~ o c~ ~ _ ~~ r '} r ~..~ - _. :.r~ -T-r 1_ `.... z> c= m ~ •~ w p 0 S n ~.