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HomeMy WebLinkAbout08-3667d8- 3~~? mc~ `T~"1 F:\FILES\Clients\Iteal Estate\12269\122691stip STIPULATION AGAINST LIENS CHARLES D. ALLEN and ANN C. ALLEN, husband and wife IN THE COURT OF COMMON PLEAS Owners CUMBERLAND COUNTY, PENNSYLVANIA v. HOMES DESIGNS UNLIMITED, LLC, Contractor This instrument is executed this 18`h day of June 2008, by Home Designs Unlimited, LLC ("Contractor") (or "Subcontractor"') in favor of Charles D. Allen and Ann C. Allen, husband and wife ("Owners"). Whereas, Owners have or are about to execute contemporaneously herewith, a contract with Contractor for the erection of a dwelling upon a lot of land situate in North Middleton Township, Cumberland County, Pennsylvania, and as set forth in the Subdivision Plan for the Village of Cross Creek, as recorded in Cumberland County Plan Book 91, Page 88, more fully described as follows: ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, designated as Lot No. 108 on the Final Subdivision Plan for Phase E of The Village of Cross Creek recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 91, Page 98, more particularly bounded and described, as follows: BEGINNING at a point on the eastern right-of--way line of Pine Creek Drive, said point being the southwestern corner of Lot # 107; thence along said Lot #107, North 49 degrees 38 minutes 06 seconds East a distance of 303.66 feet to a point ;thence along lands now or formerly of Fred A. Gettys, South 02 degrees, 54 minutes 17 seconds West a distance of 215.42 feet to a point; thence along Lot #109, South 69 degrees 37 minutes 58 seconds West a distance of 183.66 feet to a point; thence along the eastern right-of--way line of said Pine Creek by a curve to the left having a radius of 275.00 feet, an arc length of 95.98 feet, a chord bearing of North 30 degrees 2 ] minutes 58 seconds West a distance of 95.50 feet to the point and place of BEGINNING. BEING Lot No. 108 and CONTAINING 32,185 sq. ft. (0.74 acres) BEING PART OF THE SAME PREMISES which John W. Gleam, Jr. and Karen S. Gleim, by Deed dated August 6, 10997, and recorded August 15, 1997, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, Deed Book 162, Page 949, granted and conveyed unto Penta Star Investments, Inc., a Pennsylvania Corporation. Stormwater drainage facilities located outside the public street rights-of--way shall be owned and maintained by the owner of the lots on which they are located, and such facilities shall be permanent unless a revised stormwater management plan is approved by North Middleton Township. Maintenance shall include periodic mowing of vegetation and removal of debris which restricts water flow. Should drainage facilities be altered as provided for above, the change shall not require the consent of other lot owners in the subdivision. UNDER AND SUBJECT to restrictions and conditions of record. 1 Now, June 18, 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 property described above or any building constructed thereon 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. Witness, our hand and seals the day and year aforesaid. Signed, Sealed and Delivered in the presence of ~~~,- S f~ ~r,~ s r~ G~~ 5 ~- Commonwealth of Pennsylvania SS County of Cumberland Home De ' ns Unlimited, LLC -Contractor By: ~~ Print: ~~ yl ~ 1 ho~~~°i/ Title:~~~5 ~~~'~~ Charles D. Allen, Owner L~~ Ann C. Allen, Owner On this, the 18th day of June, 2008, before me, a Notary Public, personally appeared ~! a~ ~ d ~ o r~ s OY` ,known to a to a the person whose name is subscribed, and w o acknowledges himself to be the 1~ e s ~~ n ~ of Home Designs Unlimited, LLC, a Pennsylvania limited liability company, and that he as such, being authorized to do so, executed the foregoing statement for the purposes therein contained by signing the name of the corporation by himself as. In witness whereof I have hereunto set my hand and notarial seal. NOtUb11C w"^^"~nWt~- ~ ~ OF PENNSYLVAI ~V Notarial Seal ~Y M• Prbe, Notary PubNc 2 CaNNa 6ao, Curnttdrland CprMy MY CArI'M111Wpr1 E74Nfee Ali~:18, 2011 . .~ COMMONWEALTH OF PENNSYLVANIA ) ): ss. COUNTY OF CUMBERLAND ) On this, the 18"' day of June, 2008, before me, the undersigned officer, personally appeared, Charles D. Allen and Ann C. Allen, 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 official seal. G~ SEAL l (X J~ ° ~ ) Notary Public COMMONWEALTH 0~' PENNSYLVANIA NOTARIAL SEAL Victoria L. Otto, Notary Public Carlisle Borough, Cumberland County My commission expires December 20, 2010 3 u i g ~ ~ s ,~' L~ ~ C"- G, "' --+ ~~ ~ ~ ~. , ... •- ~„ n~ -:tar , cry ,= ..~ r:~~x ~:a., < V ~_. ~ j^j j '- :.. .~ ~ ~'a 4 }` try , .F~