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Home My WebLink About04-5564S & A CUSTOM BUILT HOMES, INC., Owner and ROBERT-THOMAS CONSTRUCTION & SITE MANAGEMENT, INC., Contractor · PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, STIPULATION AGAINST LIENS WHEREAS, S & A Custom Built Homes, Inc., a Pennsylvania corporation ("Owner"), the Owner of the real estate described below, has executed a Contract dated /o/O-~//o/,c with Robert-Thomas Construction & Site Management, Inc., a Pennsylvania corporation ("Contractor"), whose principal place of business is located at 8051 Rabbit Lane, Harrisburg, Pennsylvania 17112 and more particularly bounded and described on Exhibit "A", attached hereto and made a part hereof; and NOW, THEREFORE, this 7_--& day of October, 2004, before any authority had been given by Owner to Contractor to commence work for site improvements located in South Middleton Township, Cumberland County, Pennsylvania known as Section 5, Forgedale Crossing as described in Exhibit "A" in consideration of making of the above-described Contract with Owner, and in further consideration of One ($1.00) Dollar paid to Contractor by Owner, the receipt whereof is hereby acknowledged, it is agreed that no liens or claims shall be filed or maintained against the Owner's facilities and the land above-described by the Contractor or any of its subcontractors, or by any of the materialmen or workmen, or any other person acting through or under them, for or on account of any labor or materials purchased, or extra labor or materials purchased for, towards, in or about the erection, construction, design and improvement of said facilities, under said contract or otherwise, the right to have, file and maintain such liens or claims against the facilities and the land above-described, being hereby expressly waived by the Contractor for itself, its subcontractors, all materialmen, or workmen and other acting through or under them. This Agreement is being executed in counterparts, and each counterpart shall be deemed to be an original instrument, but all counterparts together shall constitute but one Agreement. IN WITNESS WHEKEOF, each of the parties have hereunto executed the Stipulation Against Liens this Z {~ day of October, 2004. BY: OWNER: S & A CUSTOM BUtLT HOMES, INC., a Pennsylvania corporation Name: Title: BY: CONTRACTOR: ROBERT-THOMAS CONSTRUCTION SITE MANAGEMEN'~, INC., a Pennsylvania corporation Title: IJ, c~r -- ~r,~tgt-~- 408943vl Legal Description Forgedale Crossing Section 5 All that certain tract of land situated in South Middleton Township, Cumberland County, PA, being Section 5, as shown on a Plan entitled, "Forgedale Crossing, Residential Development; Final Subdivision Plan, Section 5; Final Subdivision Plan, Section 5," dated July 23, 2004 by PennTerra Engineering, Inc., State College, PA, being bounded and described as follows: Beginning at an iron pin, being an easterly comer of lands owned now or formerly by Robert E. and Dorothy L. Myers (Tax Parcel 10-636-154, D.B. 1-36, pg. 463) and lying in a westerly R/W line of Forge Road (S.R. 2003); thence along said RTW S28°53'50"E, 887.72 feet to an iron pin; thence continuing along said R/W the following 3 bearings and distances: along a curve to the right, having a chord bearing of S28°25'13"E, a chord length of 47.34 feet, a radius of 2834.70 feet and an arc length of 47.35 feet to an iron pin; thence S62°03'35"W, 10.00 feet to an iron pin; thence along a curve to the right, having a chord beating of S26°08'41"E, a chord length of 177.01 feet, a radius of 2824.70 feet and an arc length of 177.04 feet to an iron pin, lying in a westerly line of said R/W and being a northerly comer of lands owned now or formerly by Donald L. and Cathy A. Baker (Lot No. 9, D.B. 222, pg. 110); thence along the Baker lands the following 3 beatings and distances: S67°59'40"W, 150.53 feet to an iron pin; thence S25°25'50"E, 57.35 feet to an iron pin; thence S22°03'00"E, 42.98 feet to an iron pin, being a southerly comer of said lands, a westerly comer of lands owned now or formerly by Flordella V. Foote (Lot No. 8, D.B. 193, pg. 553) and a northerly comer of Lot 82R (Residue), lands owned now or formerly by S&A Custom Built Homes, Inc. (Tax Parcel 10-636-9B, D.B. 30L, pg. 387); thence along Lot 82R (Residue) the following 17 beatings and distances: S80°12'42"W, 432.26 feet to an iron pin; thence N24°41'32"W, 199.88 feet to an iron pin; thence along a curve to the tight, having a chord bearing ofN65°55'25"E, a chord length of 30.26 feet, a radius of 525.00 feet and an arc length of 30.26 feet to an iron pin; thence Exhibit "A" Page 1 of 2 N03°47'06"W, 151.24 feet to an iron pin; thence S66°48'10"W, 139.95 feet to an iron pin; thence S30°15'03"E, 147.68 feet to an iron pin; thence along a curve to the left, having a chord bearing of S58°26'51"W, a chord length of 23.85 feet, a radius of 525.00 feet and an arc length of 23.85 feet to an iron pin; thence N31°45'45"W, 247.68 feet to an iron pin; thence N21°18'11"W, 172.32 feet to an iron pin; thence S83°30'41"W, 151.33 feet to an iron pin; thence along a curve to the right, having a chord bearing ofN06°29'19"W, a chord length of 30.00 feet, a radius of 550.00 feet and an arc length of 30.00 feet to an iron pin; thence N83°30'41"E, 297.72 feet to an iron pin; thence N27°03'06"W, 126.77 feet to an iron pin; thence N52°36'00"W, 80.44 feet to an iron pin; thence N74°52'37"W, 200.56 feet to an iron pin; thence N15°07'23"E, 15.00 feet to an iron pin; thence N74°52'36"W, 150.99 feet to an iron pin, being a northerly comer of Lot 82R (Residue) and lying in an easterly line of Lot No. 89; thence along Lot No. 89 N15°07'23"E, 125.00 feet to an iron pin, being an easterly comer of said lot and lying in a southerly R/W line of Coventry Drive (50' R/W); thence along said R/W S74°52'39"E, 171.86 feet to an iron pin; thence traversing through said R/W and along Lot No. 88 N15°07'23"E, 225.00 feet to an iron pin, being an easterly comer of Lot No. 88 and lying in a southerly line of lands owned now or formerly by John D. Wallace (Tax Parcel 10-636-157, D.B. S-36, pg. 255); thence along the Wallace lands S74°52'37"E, 15.87 feet to an iron pin, being a southerly comer of said lands and a southerly comer of lands owned now or formerly by Charles D. and Patricia C. Zitzman (Tax Parcel 10-636-156, D.B. 116, pg. 1155); thence along the Zitzman lands S83°57'32"E, 141.15 feet to an iron pin, being a southerly comer of said lands and a southerly comer of lands owned now or formerly by James'R. Lee (Tax Parcel 10-636-155, D.B. 169, pg. 97); thence along the Lee lands N73°34'01"E, 152.34 feet to an iron pin, being an easterly comer of said lands and a southerly comer of the Myers lands; thence along the Myers lands N61°03'21"E, 106.75 feet to an iron pin, being the place of beginning, containing 15.671 acres. Prepared: 10/19/04 EAL Project No. S02224-F5 Legals\forgedalesec5.doc Page 2 of 2