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HomeMy WebLinkAbout13-0698 ~~ C~ ~'J1 ~ ~.W ~ I.,~,y ~., .... PREPARED BY AND RETURN TO: _ c~/s ~ ~ ~ ~^~- `U~.~ -~ A ~ ~ cW Craig I. Adler, Esquire ~ C ~,~.' CAPOZZI ADLER, P.C. ~ ~,: a. ~ ~ -„ 1200 Camp Hill Bypass, Suite 205 c"~ ~ ~ r=:~ Camp Hill Pennsylvania 17011 -~-t s~ ~ _r r (717) 234-3289 ~ PARCEL NO.: 38-07-0457-106 Owen D. Fitter and Jaclyn D. Fitter Owners v. Sheely Homes, Inc., a Pennsylvania Corporation Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. a3- 6 ~ g' ~ C,D r STIPULATION AGAINST LIENS WHEREAS, Owen D. Fitter and Jaclyn D. Fitter of Pennsylvania, are about to execute contemporaneously herewith, a contract with Sheely Homes, Inc., a Pennsylvania Corporation of Cumberland County, Pennsylvania, for the erection of a dwelling upon a lot of land situate as follows: ALL THAT CERTAIN tract or parcel of land being situated in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point located on the western right-of--way line of Balfour Drive (50footright-of--way) at the northeast corner of Lot No. 72 on the hereinafter referenced Plan; thence along the northern boundary line of Lot No. 72, South 86 degrees 42 minutes 07 seconds West, a distance of 344.93 feet to a point along the Conodoguinet Creek; thence along said creek, North O 1 degree 25 minutes 43 seconds West, a distance of 94.80 feet to a point at the southwest corner of Lot No. 74; thence along the southern boundary line of Lot No. 74, North 86 degrees 42 minutes 07 seconds East, a distance of 309.95 feet to a point along Balfour Drive; thence along Balfour Drive, South 22 degrees 40 minutes 45 seconds East, a distance of 72.60 feet to a point; thence continuing along the same by a curve to the right having a radius of 275.00 feet and an arc length of 27.40 feet to a point, the point and Place of BEGINNING. ~~ /,yva y~ ~[ ~.cr/GfJ~~f.~.c.-T ~~~-~ 3/ 9 ~~ '~ BEING Lot No. 73 on the Final Subdivision Plan of Millfording Highlands, Phase III, recorded June 9, 2011 in the Cumberland County Recorder of Deeds Oi~ice in Instrument No.: 201116383 and CONTAINING 31,078.97 squaze feet or 0.7135 acres. NOW, the ~ day of February, 2013, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Owen D. Fitter and Jaclyn D. Fitter to the said Sheely Homes, Inc., a Pennsylvania Corporation to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Sheely Homes, Inc., a Pennsylvania Corporation and the further consideration of One Dollaz, to Sheely Homes, Inc., a Pennsylvania Corporation paid by Owen D. Fitter and Jaclyn D. Fitter 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. WITNESS, our hand and seals the day and yeaz aforesaid. SIGNED, SEALED AND DELIVERED OWNER: IN THE PRESENCE OF Owen D. Fitter .._ ~.~. c m D. fitter Sheely Homes, Inc., a Pennsylvania Corporation Mark A. Sheely - 2 -