HomeMy WebLinkAbout04-5934 STIPULATION AGAINST LIEN'S
THIS AGREEMENT made this ~/' day o V~'I~, 2004, by and
between YANEK CUSTOM HOMES, INC., hereinafter referred to as
Contractor,
CHRISTOPHER J. SUNDAY AND JOETTA L. SUNDAY, husband and wife,
hereinafter referred to as Owners, whereby the contractor undertook
and agreed to erected and construct a dwelling on the certain lot
of ground situate in the South Middleton Township, Cumberland
County, Commonwealth of Pennsylvania, and more fully described in
Exhibit "A" which is attached hereto and made a part hereof known
as Lot #58 Indian Hills, Boiling Springs, South Middleton
Township, Carlisle, Cumberland County, PA.
NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said
Contractor, for an in consideration of the sum of ($1.00) Dollar to
Contractor in hand paid by Owner, the receipt whereof is hereby
acknowledged, and the further consideration mentioned in the
agreement aforesaid, for itself, himself or 'themselves and its, his
or their subcontractors, and all parties acting through or under
them, covenant and agree that no mechanic's liens or claims shall
be filed or maintained by them or any of them against the said
buildings and the lot of ground appurtenant thereto for or on
account of any work done or materials furnished by them or any of
them under said contract or otherwise, for, towards, in, or about
the erection and construction of the said buildings on the lot
above described, and the said Contractor, for itself, himself or
themselves, its, his or their subcontractors and others under them,
hereby expressly waive and relinquish the rJ. ght to have, file, and
maintain any mechanic's liens or claims agaJ_nst the said buildings
or any of them, and agree that this instrument, waiving the right
of lien, shall be an independent covenant.
WITNESS our hands and seals the day and year first above
written.
Signed, sealed and delivered
C]~i-sWco~he~ JI~/jS%~%~ay~ j,,)
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
On this, the ~5 day of~0¥~- , 2004, before me,
the undersigned officer, personally appeared Christopher J. Sunday
and Joetta L. Sunday, husband and wife, known to me (or
satisfactorily proven) to be the persons whose names are
subscribed to the within instrument, and acknowledged that they
executed the same for the purposes therein c. ontained.
IN WITNESS WHEREOF, I hereu~/Q~se.t my~.,hand~a~/ official seal.
( SEAL )
N Q-:/..;-~',~-,.L SEAL
KANDI L. L~.',?,'(2R, NOTARY PUBLIC
CARLISLE P,,"-:,?,O, CUMBFRLAND COUNTY
COMMONWEALTH OF PENNSYLVAN IA: MY GOMM!'~'~!ON EX:'J{ES FEBRUARY20. 2005
COUNTY OF CUMBERLAND : SS
On this, the ~y day of ~~--7-~2004, before me a
Notary Public, the undersigned officer, personally appeared Steve
J. Yanek, Jr. who acknowledged himself to be the President of
Yanek Custom Homes, Inc. and that he as such President being
authorized to do so, executed the foregoing instrument for the
purposes therein contained by signing the name of the said
Corporation by himself as such President.
IN WITNESS WHEREOF, I hereunto set my ha~ and ofgc~l seal.
NOTARIAL SEAL
KANDI L. LENKER, NOTARY PUBLIC
CARLISLE BORO, CUMBERLAND GOUNTY
MY COMMISSION EXPIRES FEBRUAFIY 20, 2005
Exhibit A
ALL THAT CERTAIN tract of land situate in South Middleton Township,
Cumberland County, Pennsylvania, Lot No. 58 on the Final Subdivision Plan of
Indian Hills - Section No. 2, recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Plan Book 77, Page 72, the same being
numbered as more particularly described as follows:
BEGINNING at a point on the southern 50 foot right-of-way line of Hickory
Court on the dividing line of Lot No. 59 and Lot No. 58 of aforementioned Plan;
thence along said dividing line, South 88 degrees 58 minutes 00 seconds East 100.00
feet to a point; thence along said dividing line of Lot No. 58 and Lot No. 57, South 01
degrees 02 minutes 00 seconds Westl50.00 feet to a point; thence along said Lot No.
58, North 88 degrees 58 minutes 00 seconds West 100.00 l~eet to a point; thence along
said dividing line of Lot No. 58 and Lot No. 59 North 01 degrees 02 minutes 00
seconds East 150.00 feet to a point and place of BEGINNING.