HomeMy WebLinkAbout12-6235PREPARED BY AND RETURN TO:
Craig I. Adler, Esquire
CAPOZZI & ASSOCIATES, P.C.
1200 Camp Hill Bypass, Suite 205
Camp Hill, Pennsylvania 17011
(717) 234-3289
PARCEL NO.: 38-08-0565-197
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Calvin M. Birge and Caza L. Birge ) IN THE COURT OF COMMON PLEAS
Owners CUMBERLAND COUNTY, PENNSYLVANIA
v.
William H. Goodling Construction )
Contractor ) NO. ~ p , !~.' ~ ~-3
STIPULATION AGAINST LIENS
WHEREAS, Calvin M. Birge and Caza L. Birge of Pennsylvania, is about to execute
contemporaneously herewith, a contract with William H. Goodling Construction of Cumberland
County, Pennsylvania, for the erection of a dwelling upon a lot of land situate as follows:
ALL THAT CERTAIN tract or pazcel of land, located in Silver Spring Township,
Cumberland County, Pennsylvania, more particulazly bounded and described as follows, to wit:
BEGINNING at a point on the westernright-of--way line of Monarch Lane, said point
being located South thirty-four degrees, twenty-six minutes, thirty seconds West (S 34° 26' 30" W),
a distance of two hundred sixty feet (260.00') to a point from the terminus of a curve connecting the
westernright-of--way line of Monarch Lane with the southern right-of--way line of Stone Run Drive;
thence from said point of BEGINNING by the western right-of--way line of Monarch Lane South
thirty-four degrees, twenty-six minutes, thirty seconds West (S 34 ° 26' 30" W), a distance of ninety
feet (90.00') to a point; thence by the line of Open Space No. 4 North fifty-five degrees, thirty-three
minutes; thirty seconds West (N 55 ° 33' 30" W), a distance of one hundred sixty-two and ninety-
eight hundredths feet (162.98') to a point; thence by land now or late of M. John and Lloyd J. Edris,
North thirty-five degrees zero minutes, zero seconds East (N 3 5 ° 00' 00" E), a distance of ninety feet
(90.00') to a point; thence by Lot No. 78, South fifty-five degrees, thirty-three minutes, thirty seconds
East (S 55° 33' 30" E), a distance of one hundred sixty-two and ten hundredths feet (162.10') to a
point, the Place of BEGINNING. ^ j ~
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CONTAINING 14,628.77 square feet or 0.3358 acres, more or less.
BEING known and numbered as 106 Monazch Lane, Mechanicsburg, Pennsylvania.
BEING ALL THAT CERTAIN Lot in the property known, named and identified
in the Declazation, referred to below, as "Walnut Point Phase III, a Planned Community", located
in Silver Spring Township, Cumberland County, Pennsylvania, which has heretofore been submitted
to the provisions of the Pennsylvania Uniform Planned Community Act, 68, Pa. C.S.A. § 5101 et
seq., as amended, by the recording in the Office of the Recorder of Deeds of Cumberland County,
Pennsylvania, the Declaration for Walnut Point Phase III, a Planned Community, a Residential
Planned Community ("Declaration"), dated July 27, 2007, recorded July 31, 2007 in the Office of
the Recorder of Deeds of Cumberland County in Miscellaneous Book 738, Page 4728, and
designated in such Declaration as Lot No. 77 (Identifying Number), described in Section 2.2 of the
Declaration, and shown (and described) in Exhibit "B" of the Declaration.
Walnut Point Phase III, a Planned Community, pursuant to the Third Amendment and
Restatement of Declazation for Walnut Point, a Flexible Planned Community, dated November 4,
2011 and recorded February 22, 2012 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania to Instrument No.: 201205294, merged with Walnut Point, the Surviving
Community.
BEING Lot No. 77, Final Subdivision for Walnut Point Phase III dated May 9, 2005,
last revised August 3, 2006, recorded in the Office of the Recorder of Deeds of Cumberland County,
Pennsylvania in Plan Book 93, Page 73.
NOW, the ~ day of October, 2012, at the time of and immediately before the
execution of the principal contract, and before any authority has been given by the said Calvin M.
Birge and Caza L. Birge to the said William H. Goodling Construction to commence work on the
said building, or purchase materials for the same in consideration of the making of the said contract
with William H. Goodling Construction and the further consideration of One Dollar, to William H.
Goodling Construction paid by Calvin M. Birge and Cara L. Birge it is agreed that no lien shall be
filed against the building by the contractor, or any sub-contractor, nor by any of the material men 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.
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WITNESS, our hand and seals the day and year aforesaid.
SIGNED, SEALED AND DELIVERED OWNER:
IN THE PRESENCE OF
Calvin M. Birge ~~~~
Cara L. Birge
CONTRACTOR:
William H. Goodling struction
BY:
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