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HomeMy WebLinkAbout04-4673STIPULATION AGAINST LIENS THIS AGREEMENT made thisi ~ day between S&A CUSTOM HOMES, INC., a hereinafter referred to as Contractor, of ~<~r 2004, by and Pennsylvania Corporation, CHAD R. LININGER AND MICHELLE A. LININGER, husband and wife, hereinafter referred to as Owners, whereby the contractor undertook and agreed to erected and construct a dwelling on the certain lot of ground situate in Cumberland County, Commonwealth of Pennsylvania, and more fully described in Exhibit "A" which is attached hereto and made a part hereof known as 3413 Enola Road, Carlisle, Cumberland County, PA. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for an in consideration of the sum of ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for itself, himself or themselves and its, his or their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and the said Contractor, for itself, himself or themselves, its, his or their subcontractors and others under them, hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF :S:STOM BUILT HOMES, INC. i M~ic hel l~e A/.~L (n '~e r ~~ COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : On this, the /~-~'day of----~e'/~r~, 2004, before me, the undersigned officer, personally appeared Chad R. Lininger and Michelle A. Lininger, husband and wife, 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 hereu~ set ~haj, d official seal. COMMONWEALTH OF PENNSYLVANIA: On this, the 1%~ day of KAND~I L LENKER, NOTARY PUBLIC CARLISLE BORO, CUMBERLAND COUNTY MY COMMtSSION EXPIRES FEBRUARY 20, 2005 2004, before me a Notary Public, the undersigned officer, personally appeared ~O~ ~0.~%~35~~ who acknowledged himself to be the President of S&A CUSTOM BUILT HOMES, INC. and that he as such President being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the said Corporation by himself as such President. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Commm3wealth Of Pennsylvania Colleen F. Thomps(:m, Nota~ Public S~ulh ~ T'dvp., Cumbedand County My Comr'~tssl~ Expires June 16, 2007 Member Pen~ytvania Assoda~3n Of Notates Exhibit A ALL that certain tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a plan prepared by Larry V. Neidlinger, RPLS dated April 2, 2004 and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 89, Page 55, and more fully described as follows: BEGINNING at a point in the centerline of Euola Road at lands now or formerly of Raymond H.and Dorothy E. Heishmau; thence along lands now or formerly of Raymond H. Heishman South 29 degrees 38 minutes 30 seconds East 291.57 feet to a concrete monument; thence along lands now or formerly of Raymond H. Heishman and lands now or formerly of Edward R. and Julia M. Walters South 60 degrees 21 minutes 30 seconds West 341.00 feet to a point; thence along lands now or formerly of Edward and Julia Walters North 29 degrees 38 minutes 30 seconds West 288.00 feet to a point in centerline of Enola Road; thence along centerline of Enola Road North 60 degrees 21 minutes 30 seconds East 236.60 feet to a point; thence still along Enola Road North 58 degrees 20 minutes 45 seconds East 55.15 feet thence still along Enola Road North 57 degrees 52 minutes 17 seconds East 49.32 feet to a point the place of BEGINNING. BEING designated as Lot No. 3A on Plan for Edward Ray and Julia May Walters and Raymond H. and Dorothy E. Heishman.