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HomeMy WebLinkAbout04-0577STIPULATION AGAINST LIENS DAVID L. HERSHBERGER and BONNIE A. HERSHBERGER, Owner McNAUGHTON HOMES, Contractor : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA WHEREAS, DAVID L. HERSHBERGER and BONNIE A. HERSHBERGER of 601 Colonial View Road, Mechanicsburg, Pennsylvania, is about to execute contemporaneously herewith, a contract, with McNaughton Homes of 4400 Deer Path Road, Suite 201, Harrisburg, Pennsylvania, for the erection of a building upon premises commonly known as 2154 CANTERBURY DRIVE, Township UPPER ALLEN, CUMBERLAND County, Pennsylvania, as set forth in the deed dated~)r( ~ ~ ~0.(X'5~ , recorded at Deed Book , Page , in the Recorder's Office for CUMBERLAND County, Pennsylvania, as more specifically described in Exhibit "A" which is incorporated herein and attached hereto. NOW, February 6, 2004, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Owner to the said Contractor to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Contractor and the further consideration of One Dollar ($1.00), to Contractor paid by Owner, it is agreed that no lien shall be filed against the building by the Contractor, or any subcontractor, 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. WITNESS, our hands and seals the day and year aforesaid. SIGNED AND SEAleD IN THE PRESE~NCE OF CONTRACTOR_: McNaughton Homes OWNER: DAVID L. It~ERSHBEI~R BONNIE A. HERSH~ Exhibit A ALL that certain piece, parcel or lot of land situate in Upper Allen townst~ip, Cumberland County, Pem~sylvania, and bounded and described as follows: BEGINN/NG at a point on the Eastern right-of-way line of Canterbury Drive (50.00 feet w/de), said point being located at fl~e Northwestern corner of Lot No. 91; then along said Eastern right-of-way line of Canterbury Drive, North 38 degrees 55 minutes 59 seconds East, for a d/stance of $0.00 feet, to a point at the Southwestern corner of Lot No. 93; then along the Southern boundary line of Lot No. 93, South 51 degrees 04 minutes 01 secm~ds East, for a d/stance of 154.38 feet, to a point on the Western right-of-way line of Gettysburg Pike (T-621) (36.00 feet w/de); then along said right-of-way line of Gettysburg Pike, Soufl~ 39 degrees 19 minutes 58 seconds West, for a distance of 80.00 feet, to a point at the Nmtheastern corner of Lot No, 91; then along the Northern boundary line of Lot No. 91, North 51 degrees 04 minutes 0I seconds West, for a distance of 153.82 feet West, to a point and the place of BEGINNING. Tkis piece~ parcel or lot of land co~sists of approximately t2,328.00 square feet of land, and is known and numbered as Lot No. 92 on the Final Subdivision Plan for Canterbtury Estates, Phase VI, whicl~ is recorded in Cumberlmnd County in Plan Book 75, Page 12.