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HomeMy WebLinkAbout04-2130RAMESN SUBRAMANIAN and SUBHA SUBRAMANIAN, Owners V. HOME DESIGNS UNLIMITED, Contractor, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : : .. : NO. ~)/'~ '" "~-~1~ O M.L.D. 2004 STIPULATION AGAINST LIENS WHEREAS, Ramesh Subramanlan and Subha Subramanian, of 6210 Spring Knoll Drive, Harrisburg, Pennsylvania 17111, (collectively the "Owner"), has executed or are about to execute contemporaneously herewith a contract with Home Designs Unlimited, of P.O. Box 367 New Kingston, Pennsylvania17072 (the "Contractor"), for construction of a house on and other improvements to (collectively the "improvements") a tract of land known as Lot No. 116 of Plan of Westbury, Phases 7A and 7B, and numbered as 5795 Fawn Meadow Lane, Enola, Cumberland County, Pennsylvania 17025, more particularly described on Exhibit A attached hereto, incorporated herein by reference and made a part hereof (the "Premises"). NOW, this May 11, 2004, before any authority has been given by the Owner to the Contractor to commence work on the Improvements, or to purchase materials for the same, or to enter into any contracts with any subcontractors or materialman, or to authorize any purchasers by or through any subcontractors or materialman, and in consideration of the making of said contract with the Owner and the further consideration of One ($1.00) Dollar to the Contractor paid by the Owner, and WITH THE INTENT OF ALL PARTIES TO BE LEGALLY BOUND HEREBY, it is agreed that no lien shall be flied against the Improvements, the Premises, or any part thereof, by the Contractor or any subcontractor, or by and of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased, for the Improvements to the Premises (including hereafter changes made thereto), the right to file liens being expressly waived. It is the full intent of the Contractor, for itself and for any subcontractors or materialmen claiming for themselves, or by, through or under the contract or the Contractor, that the right to file a mechanic's lien under the provisions of law and/or of Acts of Assembly in such cases made and provided, for work done or materials furnished in and about the construction of the improvements to the Premises, is hereby waived. IN WITNESS WHEREOF, the Owner and Contractor have executed this Stipulation Against Liens the day and year first above written. WIT(~ESS: ? ow N,F~r'~-"~ Ramesh Subramanian Subha S u b r a m a.a.a.a.a.a.a.a.a.a~ / (SEAL) CONTRACTOR: Home Designs Unlimited David R. Thompson, Pres~aen[ Exhibit A ALL that certain piece, parcel or lot of land situate in Hampden Township, Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of Fawn Meadow Lane (50.00 feet wide), said point being located at the Northeastern corner of Lot No. 115; then along said right-of-way line of Fawn Meadow Lane, North eighty-eight degrees thirty minutes fifteen seconds East (N 88° 30' 15" E) for a distance of one hundred seven (107.00) feet, to a point at the Northwestern corner of Lot No. 117; then along the Western boundary line of Lot No. 117, South one degree twenty-nine minutes forty-five seconds East (S 1 ° 29' 45" E) for a distance of one hundred thirty- five (135.00) feet, to a point in line of other lands now or formerly of The MCNaughton Company; then along said other lands of McNaughton, South eighty-eight degrees thirty minutes fifteen seconds West (S 88° 30' 15" W) for a distance of one hundred seven (107.00) feet, to a point at the Southeastern corner of Lot No. 115; then along the Eastern boundary line of Lot No. 115, North one degree twenty-nine minutes forty-five seconds West (N 1° 29' 45" W) for a distance of one hundred thirty-five (135.00) feet, to a point and the place of BEGINNING. BEING LOT NO. 116 on the Final Subdivision Plan for Westbury- Phases VIIA and VllB, which is recorded in Cumberland County in Plan Book 86, Page 4. F:~sjd\8211 Subramanian, Ramesh & Subha\12813 Pumhase of Lot #116 - 5795 Fawn Meadow Lane, Enola\Documents\stipulation against mechanics liens.doc