HomeMy WebLinkAbout05-1528
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STIPULATION AGAINST LIENS
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THIS AGREEMENT made the )( day of March, 2005, by and between,
CHARLES T. FAWKS, III, t/dlb/a CHUCK'S GENERAL CONTRACTING, Builder, f 11
Oaklawn Drive, Shippensburg, Pennsylvania, hereinafter referred to as Contractor,
AND
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SHAWN M. McCULLOUGH
hereinafter referred to as Owner,
)f Shippensburg, Pennsyl anla,
WHEREAS, the said Contractor undertook and agreed to make certain improvem nts to
Owner's property situate in Cumberland County, Pennsylvania, known as 105 Red Shed Road,
Shippensburg, North Newton Township, Cumberland Connty, Pennsylvania, more fully de ribed
in Exhibit "A" attached hereto and made a part hereof
NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contrac or, for
and in consideration ofthe sum of One Dollar ($1.00) to said Contractor in hand paid by Ower, the
receipt whereof is hereby acknowledged, and the further consideration mentioned in the agr ement
aforesaid, for himself, and his subcontractors, and all parties acting through or under them, c enant
and agree that no mechanic's liens or claims shall be filed or maintained by them or any them
against the said buildings and improvements and the lot of ground appurtenant thereto fo or on
account of any work done or materials furnished by them or any of them under said con act or
otherwise, for, towards, in, or about the erection and construction ofthe said improvement on the
lot above described, and the said Contractor, for himself, his subcontractors and others un er him
hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's iens or
claims against the said buildings or any ofthem, and agree that this instrument, waiving the ight of
lien, shall be an independent covenant
WITNESS our hands and seals this ) ( ) t
day of March, 2005,
Signed, Sealed and Delivered in
the Presence of
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Charles T, F
WEIGLE & ASSOCIATES, PC - ATTORNEYS AT LAW - 126 EAST KING STREET -- SHIPPENSBURG. PA 17257-1397
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EXHIBIT "A"
TRACT 1:
ALL that certain lot of ground situate in North Newton Township, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at a point in the center of public road being Township Road 305; thence alo gland
now or formerly of Donald B. Dunlap and Anna Mary Dunlap, his wife, in a Southeasterly
direction a distance of 150 feet to an iron pin; thence along other land owned now or form rlyof
PaulO. Dyaryman and Mary L. Dyarman, his wife, in a Northwesterly direction a distance f 142
feet to a point in the center of the aforesaid public road; thence through the center of the at< resaid
public in a Northwesterly direction a distance of230 feet to a point, the place of BEG INN 'G.
TRACT 2:
ALL that certain tract ofland situate in North Newton Township, Cumberland County,
Pennsylvania, being Lot #5 in a certain plan oflots for PaulO. Dyarman prepared by Carl
Bert, R.S., dated September 17, 1976, and recorded in the Office of the Recorder of Deeds 'n
Plan Book 28, at Page 124.
BEGINNING at an iron pin at the edge of a proposed right of way being the dividing line
between Lots #4 and #5 of the aforementioned Plan; thence along said dividing line, North 37
degrees 40 minutes 35 seconds West, a distance of 74.13 feet to a post; thence along the di iding
line between lots #2 and #5 of the aforementioned Plan, North 42 degrees 19 minutes 44 Sl onds
East, a distance of 198.27 feet to a post; thence along the dividing line between lots #5 and #6 of
the aforementioned plan, South 24 degrees 21 minutes 42 seconds East, a distance of89.9( feet
to an iron pin; thence along the dividing line between Lots #5 and #7 of the aforementione plan
South 42 degrees 18 minutes 47 seconds West, a distance of 60.28 feet to an iron pin; then e by a
curve to the left with a radius of 50 feet and length of 73.31 feet, chord bearing South 48 d grees
13 minutes 6 seconds West and chord length of 66.92 feet to an iron pin; thence by a curve to the
right with a radius of25.00 feet and length of21.03 feet, chord bearing South 30 degrees 1
minutes 31 seconds West and Chord length of 20.41 feet to an iron point; thence along the dge
of the proposed 50 foot private right of way, South 54 degrees 24 minutes 12 seconds Wes a
distance of29.73 feet to an iron pin, the place of BEGINNING.
BEING the same real estate which was conveyed to Nancy L. McCullough and Harold J.
McCullough, by a Decree Awarding Real Estate, dated July II, 1996, and recorded in the ( ffice
of the Recorder of Deeds in and for Cumberland County Deed Book 145, at Page 576.
WEIGLE 6< ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET SHIPPENSBURG. PA 1 57-1397
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