HomeMy WebLinkAbout04-5573STIPULATION AGAINST LIENS
MICHAEL J. GALBRAITH and
KATHLEEN H. GALBRAITH
Owner
versus
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0,-/- S".¢'?-~ Term, 2004
C&C RESIDENTIAL BUILDERS, INC.
Contractor
WHEREAS, Michael J. Galbraith and Kathleen H. Galbraith of
Mechanicsburg, Cumberland County, Pennsylvania (herein "Owner") has entered into a
contract, with C&C Residential Builders, Inc. of Mechanicsburg, Cumberland County,
Pennsylvania (herein "Contractor"), for the erection of a dwelling upon Bridgeport Drive,
Lot 7, Phase III, The Peninsula, Silver Spring Township, Cumberland County,
Pennsylvania.
NOW, November '~, 2004, at the time of and immediately before
construction pursuant to such principal contract, and before any authority has been
given by the said Owner Michael J. Galbraith and Kathleen H. Galbraith to the said
Contractor C&C Residential Builders, Inc. to commence work on the said building, or
purchase materials for the same in consideration of the making of the said contract with
Michael J. Galbraith and Kathleen H. Galbraith, Owner, and the further consideration of
One ($1.00) Dollar in hand paid to Contractor by Owner Michael J. Galbraith and
Kathleen H. Galbraith, 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 year aforesaid.
WITNESS/ATTEST:
OWNER:
..'Michael J/'~'~raith
hleen H. Galbrait~
CONTRACTOR:
C&C RESIDENTIAL BUILDERS, INC.
SCHEDULE A
ALL THAT CERTAIN tract or parcel of land situate in Silver Spring
Township, Cumberland County, Pennsylvania, bounded and described as Lot 7
in accordance with the Major Final Subdivision Plan for The Peninsula (Phase
III), prepared by HaRman and Associates, P.C. and recorded in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book
70, at Page 63, more particularly bounded and described as follows:
BEGINNING at a point on the Right-of-Way line of a cul-de-sac on
Bridgeport Drive at the common corner of Lots #6 and #7 as shown on the plan
of lots known as "The Peninsula, Phase II; thence along the Eastern Line of Lot
#6 as shown on the aforementioned plan of lots North 24 degrees 17 minutes 52
seconds West - 182.33 feet to a point on the Southern Right-of-Way line of Bali-
Hal Road (T-599); thence along the southern Right-Of-Way line of Bali-Hal Road
(T-599) North 81 degrees 51 mi8nutes 12 seconds East- 270.00 feet to a point
the common corner of Lots #7 and #8; thence along the Western line of Lot #8 as
shown on the aforementioned plan of lots South 34 degrees 28 minutes 34
seconds West - 253.28 feet to a point on the Right-Of-Way line of a cul-de-sac
on Bridgeport Drive; thence along the Right-Of-Way line of a cul-de-sac on
Bridgeport Drive on a curve, curving to the left having a radius of 50 feet an arc
length of 51.29 feet to a point the place of BEGINNING.
ALSO subject to a 10 foot drainage easement along the Eastern
property line and as shown on the aforementioned plan of lots.
BEING the same premises which Sample Bridge Inc., a
Pennsylvania corporation, by its Deed dated August 26, 2004, and recorded
August 30, 2004 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book 264, Page 4710 granted and conveyed unto
Michael J. Galbraith and Kathleen H. Galbraith, husband and wife, in fee.
UNDER AND SUBJECT to existing building restrictions,
ordinances, easements of roads, privileges or rights of public service companies,
if any; or easements or restrictions visible upon the ground, deed restrictions
imposed on all Lots within Phase III of the Subdivision Plan, and easements and
restrictions shown on the Subdivision Plan as recorded and the Declaration of
Restrictions and Covenants as recorded in the Office of the Recorder of Deeds in
and for Cumberland County on September 20, 1995 in Misc. Book 504, at Page
418.