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HomeMy WebLinkAbout04-5497F:~FILES~DATAFILELReal Estate\l 1344.1 .stipvs.liens STIPULATION AGAINST LIENS WILLIAM C. WASHINGTON SR. and BECKY S. WASHINGTON, his wife Owners H & M ENTERPRISES INC., · Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA This instrument is executed this "~ day of October, 2004, by H & M Enterprises Inc. ("Contractor") (or "Subcontractor'") in favor of William C. Washington Sr. and Becky S. Washington ("Owners") Whereas, Owners are about to execute contemporaneously herewith, a contract with Contractor for the erection of a dwelling house upon a lot of land situate in North Middleton Township, Cumberland County, Pennsylvania, being known as Lot No. 9, Prickly Pear Drive Subdivision Plan for Hillcrest Farms West, as recorded in Cumberland County Plan Book 86, Page 57, more fully described as follows: ALL THAT CERTAIN unimproved tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, being more fully bounded and described according to a Final Subdivision Plan for Phase I of Hlllcrest Farms West, prepared by R.J. Fisher & Associates, Inc., being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 57, as follows: BEGINNING at a point along the northern side of a 50.00 foot right-of-way known as Prickly Pear Drive at the dividing line between Lots Nos. 8 and 9 of the hereinafter mentioned subdivision plan, thence continuing along said dividing line, North 46 degrees 43 seconds West, a distance of 133.71 feet to a point along the dividing line between Lots Nos. 9 and R2 of the hereinafter mentioned subdivision plan; thence continuing along said dividing line, North 04 degrees 31 minutes 27 seconds East, a distance of 52.73 feet to a point along the dividing line between Lots Nos. 9 and 11 of the hereinafter mentioned subdivision plan; thence continuing along said dividing line, North 61 degrees 08 minutes 11 seconds East, a distance of 110.42 feet to a point along the dividing line between Lots Nos. 9 and 10 of the hereinafter mentioned subdivision plan; thence continuing along said dividing line, South 28 degrees 51 minutes 49 seconds East, a distance of 174.00 feet to a point along the northern side of said Prickly Pear Drive; thence continuing along the northern Side of said Prickly Pear Drive, South 61 degrees 08 minutes 11 seconds West, a distance of 56.81 feet to a point; thence continuing along same by curve to the left, having a radius of 200.00 feet, an arc length of 47.78 feet, with a chord bearing of South 54 degrees 20 minutes 06 seconds West and a chord distance of 47.37 feet to a point along the northern side of Prickly Pear Drive, the point and place of beginning. CONTAINING 0.51 acres and being Lot No. 9 of the Final Subdivision Plan for Phase I of Hillcrest Farms West Subdivision of the Final Subdivision Plan for Phase I of Hillcrest Farms West, prepared by R.J. Fisher & Associates, Inc., being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 57. Now, October 28, 2004, 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 Commonwealth of Pennsylvania · SS County of Cumberland · Inc., Contractor On this, the,,q~ay of~fa('~e~-, 2004, before me, a Notary Public, personally appeared , known to me to be the person whose name is subscribed, and who acknowledges himself to be the President of Gaylen Anderson, a [ Pennsylvania corporation, Parmership, etc. ] and that he as such President, being authorized to do so, executed the foregoing statement for the purposes therein contained by signing the name of the corporation by himself as. In witness whereof I have hereunto set my hand and notarial seal. Notary Public NOTARIAL SEAL WCTORIA L O1lO, NOTARY PUBLIC CARLISLE BORO., CUMBERLAND COUNTY · MY COMMISSION ~PIRES DEC. 2, 2006 2