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HomeMy WebLinkAbout04-0830STIPULATION AGAINST LIENS ANTHONY V. POLOGRUTO and MICHELLE R. POLOGRUTO, Owner KEITH A. BAREFOOT CUSTOM HOMES, Contractor : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04. WHEREAS, ANTHONY V. POLOGRUTO and MICHELLE R. POLOGRUTO of 908 Acri Road, Mechanicsburg, Pennsylvania, is about to execute contemporaneously herewith, a contract, with KEITH A. BAREFOOT CUSTOM HOMES of 144 Millers Gap Road, Enola, Pennsylvania, for the erection of a building upon premises commonly known as KIT 6 WENTWORTH ESTATES, Township HAMPDEN, CUMBERLAND County, Pennsylvania, as set forth in the deed dated September 4, 2003, recorded at Deed Book 259, Page 3295, 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 23, 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 pumhase 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 pumhased 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 PRESENCE OF CONTRACTOR: KEITH A. BAREFOOT CUSTOM t OMES Keith A. Barefoot, Pr. csrdent OWNER: '~ ~ .--------- ANTHON V. POLOGRUTO MICHELLE R. PO~OGR~ EXHIBIT "A" 'ALL,THAT CERTAIN ]piece or parcel of land situate in the Towmhip of Hampden, County o£O,mberland and Commonwealth of Pennsylvania, lying along ?e~l~-gham C~rcle and be/ng approgimately 200 feet southe~'t of the inteme~tion of F-~glcsmoor Laud and Pel]iugha~. Oircle, bounded'and desczibed az follows, to wlt: BEGINNING at the iutcrst~ion of tho southerly, right-of-way l/tm of ?ellingham Circle (50 fc:t wide) with thc line of'division b~tweca Lot 5 and Lot 6; c~tending (1) thence along Lot 5, South 17°51'01"'We~ 129.55 f,.et: extending'(2) thence along thc same~ 8outh 07°57'13'' East, 145;88 fe~q extending (3) thence along Lot 64A, South. 82°02'47' We~ 135.00 fe~ vxtc. ading (4) thence along Lot 8, North' 07°57'13'' We.% 66.94 feet; extctiding (5) ~nce along Lot 7, North 04056'32'' We~ 180.42 feet; ~xtendjng (6) the. ace along Lot 64F, North 33°18'22" East, 114.37 f~t to the southerly right of way l~ne of Pelling~am Cin~lo; ex't~nding (7) thence along said right-of-way ll~c by a curve to 'the le~t ha~ng a radius of 475:00 ~cJt, an'arc length of 128.13 feet, and a ohord bearing and distance of South 64°25'I 9" East, 127.75 feet to the place of BEGINI~'INO. CONTA.1lql'NG 0.992 Acres. BEING I~ot No. 6 as shown on a plan cntitl~ "Filml Subdavision Plan for Phase 1, W'entwdrth Estates" Dated 11/20/2002, last revised 4/11/2003, Job Number 1001~g46, prepared by LSC Design, Inc., York, PA and recorded in Cumberland County office~ofthe Recorder of Deeds in Plan Book 87, Page 50.