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HomeMy WebLinkAbout08-4045~./o , SFr- ~~' '~'S~; ~: STIPULATION AGAINST LIENS JAMES W. RAUDABAUGH and MILDRED A. RAUDABAUGH, Owners v. DAVID J. RAUDABAUGH Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA This instrument is executed this 8~' day of July, 2008, by David J. Raudabaugh ("Contractor") (or "Subcontractor"') in favor of James W. Raudabaugh and Mildred A. Raudabaugh ("Owners"). Whereas, Owners are about to execute contemporaneously herewith, a contract with Contractor for the erection of a single family dwelling upon a lot of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, being known as Lot No. 49A on the Final Subdivision Plan for Rich Valley Construction, L.L.C., as recorded in Cumberland County Plan Book 93, Page 96, more fully described as follows: ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with the Final Subdivision Plan for Rich Valley Construction, L.L.C., prepared by Hoover Engineering Services, Inc., dated October 20, 2006, revised through December 15, 2006, and recorded in Cumberland County Plan Book 93, Page 96, as follows to wit: BEGINNING at a point on the northern right-of--way line of McKnight Street (40' ROW) at an iron pin found at the Southeast corner of land now or formerly of Sabelle M. Cassaro (Lot #3, Plan Book 48, Page 149); thence along said land now or formerly of Sabelle M. Cassaro, North 17 degrees 37 minutes 35 seconds East, 97.22 feet to an iron pin (to be set); thence along an unnamed alley (unopened), South 79 degrees I6 minutes 10 seconds East, 7l .52 feet to an iron pin (to be set); thence along land now or formerly of Raymond C. Christopher (part of Lots 50 & 51 in Plan Book 2, Page 27) South 17 degrees 37 minutes 35 seconds West, 105.81 feet to an iron pin (found); thence along the northern right-of--way line of said McKnight Street, North 72 degrees 22 minutes 25 seconds West, 71.00 feet to a point, the place of BEGINNING. CONTAINING 0.1654 acres and being Lot No. 49-A on the hereinabove referenced Plan. BEING a consolidation of the 21ots which Rich Valley Construction, LLC, a Pennsylvania limited liability company, by Deed dated February 12, 2008, and recorded February 15, 2008, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Instrument No. 200804605, granted and conveyed unto David J. Raudabaugh and Joyce A. Raudabaugh. UNDER AND SUBJECT TO covenants, easements and restrictions of record. 1 Now, July 8, 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. Witness, our hand and seals the day and year aforesaid. Signed,Sealed and Delivered in the presence of 4- -~~!°"~ David J. Rauda augh, Contractor ~s W. Raudabaugh,(}~fier lred A. Raudabaugh, Owner COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ): ss. On this, the 8`h day of July, 2008, before me, the undersigned officer, personally appeazed, David J. Raudabaugh, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~NyyE,gLTH OF PENNSYWAN~- Nola~a~ Sed met Am Nash, Not~rY E,~ 29, 4A11 ~,m~, PennslAv~nl~ Mwd~tbn of Nctarl~s 2 ,~ COMMONWEALTH OF PENNSYLVANIA ) ): ss. COUNTY OF CUMBERLAND ) On this, the 8th day of July, 2008, before me, the undersigned officer, personally appeared, James W. Raudabaugh and Mildred A. Raudabaugh, 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. f~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Maryaret Ann Nash, Notary PubNc Carlisle Borg, Gsnberland CarNY lyty Comrr~slon E Juno 29, 2011 Member, Pennsylvania Assoclatbn of Notaries 3 C~ rt9 ~ ~. ~ ,~ ,. f ... ~ ~~: w ~ ~. d y ~ ~ na °~ C7 caws ~ t... ~ ~~ ~ ~~ ~ ~ cn -<