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HomeMy WebLinkAbout05-0274 STIPULATION AGAINST LIENS JOSEPH J. BARONE AND MELISSA L. BARONE Owner v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (f). d- 7 -I AkL-{) NUMBER TERM, 2005 S & A CUSTOM BUILT HOMES, INC.: Contractor WHEREAS, JOSEPH J. BARONE AND MELISSA L. BARONE, of Camp Hill, Cumberland County, Pennsylvania, the Owner, contemporaneously herewith has executed or is about to execute a contract with S & A CUSTOM BUILT HOMES, INC, of Carlisle, Cumberland County, Pennsylvania, the Contractor, for the construction of dwelling house, and related structures or improvements, upon that certain land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, this 1/ day of January, 2005, at the time of and immediately before the execution of the said principal contract, and before any authority has been given by the said Owner to the said Contractor to commence work on, or to furnish or purchase materials for the aforesaid buildings or construction, in consideration of the making of said contract with said Contractor and the further consideration of One Dollar to said Contractor paid by said Owner, it is agreed that no liens or claims shall be filed or made against said buildings and/or land, or any part, piece, parcel or lot thereof, by said Contractor, or any sub-contractor, or by any materialmen, workmen or other persons for or on account of any labor provided or materials furnished or purchased, or any extra labor or materials provided, furnished or purchased for said buildings or construction, hereby expressly waiving any and all rights to file or make such liens and claims. AND, in furtherance hereof, the said Contractor does hereby represent and warrant that as of the time of the execution hereof, neither said Contractor, nor any sub-contractors, materialmen, workmen or any other persons have commenced any work on, or furnished or purchased any materials for the aforesaid buildings or construction. IN WITNESS WHEREOF, the said Owner and Contractor, each intending to be legally bound hereby, have duly executed this Stipulation on the aforesaid day, month and year. WITNESS: rJ;:~L <()\\\os j CONTRACTOR: S THOMES, INC. ------- :173592 -2 - EXHIBIT "A" ALL THAT CERTAIN tract of land with improvements thereon situated in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike at the Northwest corner ofland now or formerly owned by Wayne L and Elizabeth A. Young (Deed Book 24, Volume K, Page 64), a corner ofland now or formerly owned by William F. Donadee (Deed Book 31, Volume C, Page 919), the Northeast corner of land now or formerly owned by Charles M. Baker (Deed Book 14, Volume B, Page 472) and the Northeast corner of a 20 foot strip of land for the use of ingress/egress, said railroad spike being referenced from a point, on the Northern right-of-way line of Tower Road (33 feet wide), the Southwest comer of said land of Donadee and the Southeast comer of said land of Baker, by a bearing of North 28 degrees 34 minutes 00 seconds West for a distance of 169.00 feet; thence along said land of Baker by a bearing of North 68 degrees 09 minutes 29 seconds West for a distance of 298.44 feet to an iron pipe, said iron pipe being the Northwest corner of said land of Baker, the Northeast corner ofland now or formerly owned by Larry D. and Diann L. Schell (Deed Book 180, Page 210) and the Southeast comer of land now or formerly owned by Dennis B. and Nancy L Ziegler (Deed Book 169, Page 290); thence along said land of Zeigler by a bearing of North 30 degrees 16 minutes 01 seconds West for a distance of 1,784.58 feet to an iron pin in stones, said iron pin in stones being a corner of land now or formerly owned by Harrisburg Television, Inc. (Deed Book 135, Page 1165); thence along said land of Harrisburg Television, Inc. by a bearing of North 79 degrees 30 minutes 15 seconds East for a distance of245.17 feet to a stone pile, said stone pile being a corner of said land of Harrisburg Television, Inc.; thence by same and along land now or formerly owned by Kenneth Jr. and Barbara Miller (Deed Book 128, Page 168) by a bearing of South 28 degrees 51 minutes 52 seconds East for a distance of 1,937.75 feet to a railroad spike, said railroad spike being the point and place of BEGINNING. CONTAINING 388,986 square feet or 8.929.acres. :173167 E:) - ~ j ~1 ,.- ~ R~ !cf ~- <.J\ d <:...fi -. Z-l c:-- .,--, ...... ~ lI\ o c:-, '9 ':[j; <-- ,/-,,,, ~~ ,?.- - u) ~ .-\ ::". -D: \\"f: -00)., :c) '( '~_l,C) ':f-~':'\', i2~-(") .>: ((I i,,),. C!? c., -C". r.'_ -" -~ - -----