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HomeMy WebLinkAbout05-1117 JOHN R. DUCCESCHI and TRACI R. DUCCESCHI, (OWNER) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Cr; - /1/1- m lot) VS. MUSSER HOME BUILDERS, INC., LOT NO.5, BRINDLE ROAD, MECHANICSBURG CUMBERLAND COUNTY, PENNSYLVANIA (GENERAL CONTRACTOR) STIPULATION AGAINST LIENS WHEREAS, JOHN R. DUCCESCHI and TRACI R. DUCCESCHI, the OWNER of the eal estate described below, has or is about to execute a contract with MUSSER HOME BUILDERS INC. , whose principal business address is 159 LOCUST GROVE ROAD DILLSBURG PENNSYLVANIA 1 19 ,to construct a single family dwelling upon lands situate at LOT NO, 5, BRINDLE ROAD, MECHAN CSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, and more particularly bounded and described on E hibit "An attached hereto and made a part ~~of; and, NOW, THEREFORE, this ~ay of ~. ,2005, before any authority had been given by MUSSER HOME BUILDERS. INC. to commence work on said facilities, or purchase m terials for same, in consideration of making of the above-described Contract with JOHN R. DUCCESCHI and RACI R. DUCCESCHI, Owner, and in further consideration of One ($1.00) Dollar paid to the general contractor b JOHN R. DUCCESCHI and TRACI R. DUCCESCHI, Owner, the receipt whereof is hereby acknowledged, it is a reed that no liens or claims shall be filed or maintained against the Owner's facilities and the land above-describe ,or upon JOHN R. DUCCESCHI and TRACI R. DUCCESCHI, the Owner, by the general contractor, or ny of its subcontractors, or by any of the materialmen or workmen, or any other person acting through or under th m, for or on account of any labor, or materials purchased, or extra labor or materials purchased for, towards, in or bout the erection, construction, design and improvement of said facilities, under said contract or otherwise, th right to have, file and maintain such liens or claims against the facilities, the land above-described, and OHN R. DUCCESCHI and TRACI R. DUCCESCHI, the Owner, being hereby expressly waived by the general ontractor for itself, its subcontractors, all materialmen, or workmen and other acting through or under them, IN WITNESS WHEREOF, each of t~"arties by \lleir puly authorized representatives have ereunto executed the Stipulation Against Liens this 2.-'6"Crayof .\--eJD. , 2005. WITNESS: r: . vt,.1 ATTEST: C~ :---,5~ ~ t.:. USSER, President Musser Home Builders, Inc. General Contractor EXHIBIT" A" ALL THAT CERTAIN piece or parcel of land situate in Mo roe Township, Cumberland County, Pennsylvania, bounded and described as foll ws, to wit: BEGINNING at a concrete monument situate on the eastern side 0 dedicated right of way line of Brindle Road, a/kIa Township Road T-562; th ce by a curve to the left having a radius of 180.93 feet, a length of 105.68 feet a d a chord bearing of North 14 degrees 26 minutes 34 seconds West, a distanc of 104.19 feet to an iron pin at lands now or formerly of Louis V. Marchi; the ce along the last mentioned lands, North 86 degrees 24 minutes 30 seconds Est, 695,73 feet to an iron pin at lands now or formerly of Alice W, Zollers; the ce along the last mentioned lands, South 05 degrees 55 minutes 20 seconds Est, 475.97 feet to an iron pin at Lot No.1; thence along Lot No, I, North 87 degr es 42 minutes 30 seconds West, 430.07 feet to an iron pin at the dividing line ofL ts Nos, I and 2; thence along Lots Nos, 2, 3 and 4 the following courses d distances: North 02 degrees 17 minutes 30 seconds East, 300,00 feet to an i n pin; thence North 87 degrees 42 minutes 30 seconds West, 300,00 feet t a concrete marker on the eastern side of the dedicated right of way line of Brin Ie Road, a/kIa Township Road T-562, being the point and place of BEGINNING. CONTAINING 4.97 acres, more or less, and being designated as Lot No 5 on a Subdivision Plan prepared for Alice W. Zollers by C. W, Junkins Associat s, Inc., R.S., on November 20, 1985, and found of record in the Office of t e Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book Page 34. BEING THE SAME PREMISES which Michael M, Brookhart a d Kimberly A. Brookhart, husband and wife, by Deed dated April 28, 2004 a d recorded May 5, 2004 in the Office of the Recorder of Deeds in and f; r Cumberland County, Pennsylvania, in Book 262, Page 4360, granted a conveyed unto John R. Ducceschi. UNDER AND SUBJECT, NEVERTHELESS, to the followin restrictions: L All ranch style homes shall have a minimum of 1,400 square feet 0 living space, 2, All two-story homes shall have a minimum of 1,800 square feet 0 living space. 3, Minimum front property setback line shall be sixty (60) feet 4, No junk cars, mobile homes or trailers shall be stored on aid premises except boats, campers and recreational vehicles for personal use shall be permitted, 5, All dwellings shall have a minimum of a one-car garage, ~ D " r- ':'I \l ",.'1 Q - " - ~ ---V ~ IX' ~ ~ ~ ')k.) V '-J P -"0 '" r<> ~ r-> ~ -- y-- l' ~"? ,..> ~"i::j .c:n ~r. .,".. ~o \ U C) --1'1 ..... :::C-n ,-n f::;~ _)iTl <)y (.-~i (:) ..",,"'ri ,3~7\ :::~ :;,) .<. -0 :,:C:' r;:> CO _J