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HomeMy WebLinkAbout05-1895 () 5 - If? S fY1 1.)) '---r? IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANI HAROLD R. LOEW, III and DEBRA K. LOEW, as their interests may appear, Fee Simple Owners v. HAROLD R. LOEW, III, CONTRACTOR STIPULATION AGAINST LIENS WHEREAS, HAROLD R. LOEW, III and DEBRA K. LOEW, (the "Owners"), have executed or are about to execute contemporaneously herewith a contract with HAROLD R. LOEW, III, (the "Contractor"), for construction work (collectively the "Improvements") on tract of land located on CARLISLE AVENUE, situate in the Township of EAST PENNSBORO, County of CUMBERLAND, Pennsylvania, known as Tax Parcel Nos. 09- 4- 0834-092 & 09-14-0834-092/02, and more particularly described in Exhibit A attached heret incorporated herein by reference and made a part hereof (the "Premises"). NOW, April Jl, 2005, before any authority has been given by the Owner to the Contractor to commence work on the Improvements, or to purchase materials for the same, 0 to enter into any contracts with any subcontractors or material men, or to authorize any purchas by or through any subcontractors or material men, in consideration of the making of said cont act with the Owner and the further consideration of One ($1.00) Dollar, to Contractor paid by Owner, and with the intent of all parties to be legally bound hereby, it is agreed that no lien s all be filed against the Improvements, the Premises, or any part thereof, by the Contractor or any subcontractor, or by any of the material men or workmen or any other person for any labor, 0 materials purchased, or extra labor or materials purchased, for the Improvements to the Premi es (including hereafter changes made thereto), the right to file liens being expressly waived. It is the full intent of the Contractor, for himself and for any subcontractors or materia men claiming for themselves, or by, through or under the contract or the Contractor, that the ght to file a mechanic's lien, under the provisions oflaw and/or of Acts of Assembly in such cas s made and provided, for work done or materials furnished in ad about the construction of the Improvements to the Premises is hereby waived. IN WITNESS WHEREOF, Owner and Contractor have executed this Stipulation Ag inst Liens the day and year first above written. WITNESS: OWNER: HA (..,\ C\ V '. ~~"" DEBRA K. LOEW ""-" CON5?~ ~ HAROLD R. LOEW, Ill, CONTRACT R (printed name) . EXHIBIT "A" - STIPULATION AGAINST LIENS LEGAL Lot #1 BEGINNING at an iron pin located along the western Right-Of-Way of Carlisle Avenue, said pin also eing iocated along the southern Right-Of-Way of an Unnamed 10' Alley and also being located 170.00 fee south of the southern Right-Of-Way of Pitt Street; thence from said point of beginning along the western Right a-Way of Carlisle Avenue, South 10 degrees 07 minutes 00 seconds East a distance of 30.00 feet through a c crete monument to be set; thence along the common property line of Lot #2 of the below referenced subdi sian South 79 degrees 53 minutes 00 seconds West a distance of 150.00 feet to an iron pin to be set; thence ala g an Unnamed and Unopened 10' Alley North 10 degrees 07 minutes 00 seconds West a distance of 30.0 feet to the point located along the southern Right-Of-Way of an Unopened Alley; thence along same southern Right-Of-Way North 79 degrees 53 minutes 00 seconds East a distance of 150.00 feet to the point an place of BEGINNING. CONTAINING 4,500.00 square feet or 0.1033 acres. BEING all of Lot #1 as created by the subdivision pian for 18 Carlisle Avenue and recorded on Febru ry 4, 2005 in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania in Plan Book 90 Page 55. Lot #2 BEGINNING at a concrete monument to be set located along the western Right-Of-Way of Carlisle A enue, said monument also being located 200.00 feet south of the southern Right-Of-Way of Pitt Street; thence fr m said point of beginning along the western Right-a-Way of Carlisle Avenue, South 10 degrees 07 minutes 0 seconds East a distance of 24.00 feet through a concrete monument to be set; thence along the common pro rty iine of Lot #3 of the below referenced subdivision South 79 degrees 53 minutes 00 seconds West a distanc of 150.00 feet to an iron pin to be set; thence along an Unnamed and Unopened 10' Alley North 10 degrees 07 inutes 00 seconds West a distance of 24.00 feet to an iron pin to be set; thence along the common property Iin of Lot #1 of the below referenced subdivision North 79 degrees 53 minutes 00 seconds East a distance of 150. 0 feet to the point and place of BEGINNING. CONTAINING 3,600.00 square feet or 0.0826 acres. BEING all of Lot #2 as created by the subdivision plan for 18 Carlisle Avenue and recorded on Febru ry 4, 2005 in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania in Plan Book 90 Page 55. Lot #3 BEGINNING at a concrete monument to be set located along the western Right-Of-Way of Carlisle A enue, said monument also being located 224.00 feet south of the southern Right-Of-Way of Pitt Street; thence fr m said point of beginning along the western Right-a-Way of Carlisle Avenue, South 10 degrees 07 minutes 0 seconds East a distance of 24.00 feet through a concrete monument to be set; thence along the common pro rty line of Lot #4 of the below referenced subdivision South 79 degrees 53 minutes 00 seconds West a distanc of 150.00 feet to an iron pin to be set; thence along an Unnamed and Unopened 10' Alley North 10 degrees 07 in utes 00 seconds West a distance of 24.00 feet to an iron pin to be set; thence along the common property lin of Lot #2 of the below referenced subdivision North 79 degrees 53 minutes 00 seconds East a distance of 150 0 feet to the point and place of BEGINNING. CONTAINING 3,600.00 square feet or 0.0826 acres. BEING all of Lot #3 as created by the subdivision pian for 18 Carlisle Avenue and recorded on Febru ry 4, 2005 in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania in Plan Book 90 Page 55. Lot #4 BEGINNING at a concrete monument to be set located along the western Right-Of-Way of Carlisle A enue, said monument also being located 248.00 feet south of the southern Right-Of-Way of Pitt Street; thence fr m said point of beginning along the western Right-a-Way of Carlisle Avenue, South 10 degrees 07 minutes 0 seconds East a distance of 24.00 feet through a concrete monument to be set; thence along the common pro rty line of (DEJA.CARLlSLE AVE..PFO/DEJA.CAR ISLE AVE.l22) . Lot #5 of the below referenced subdivision South 79 degrees 53 minutes 00 seconds West a distance feet to an iron pin to be set; thence along an Unnamed and Unopened 10' Alley North 10 degrees 07 seconds West a distance of 24.00 feet to an iron pin to be set; thence along the common property line of the below referenced subdivision North 79 degrees 53 minutes 00 seconds East a distance of 150. the point and place of BEGINNING. CONTAINING 3,600.00 square feet or 0.0826 acres. BEING all of Lot #4 as created by the subdivision plan for 18 Carlisle Avenue and recorded on Februa 4, 2005 in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania in Plan Book 90 Page 55. f 150.00 inutes 00 fLat #3 feet to Lot #5 BEGINNING at a concrete monument to be set located along the western Right-Of-Way of Carlisle Av nue, said monument also being located 296.00 feet south of the southern Right-Of-Way of Pitt Street; thence fro said point of beginning along the western Right-O-Way of Carlisle Avenue, South 10 degrees 07 minutes 0 seconds East a distance of 48.00 feet to an iron pin; thence along an Unnamed and Unopened 10' Alley South 9 degrees 53 minutes 00 seconds West a distance of 150.00 feet to an iron pin; thence along an Unnam d and Unopened 10' Alley North 10 degrees 07 minutes 00 seconds West a distance of 48.00 feet to an iron in to be set; thence along the common property line of Lot #4 of the below referenced subdivision North 79 de ees 53 minutes 00 seconds East a distance of 150.00 feet to the point and place of BEGINNING. CONTAINING 7,200.00 square feet or 0.1653 acres. BEING all of Lot #5 as created by the subdivision plan for 18 Carlisle Avenue and recorded on Februa 4, 2005 in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania in Plan Book 90 Page 55. (OEJA.CARlISLE AVE..PFD/DEJA.CARLIS E AVE.l22) IV R ~ tL #- .11) C> ....... C> f" t; (J rY \;) (J r--- -c:. ~ 0- -u ~, ~ ~ t ~ ~~~j ( ;:" : (;"'; r'~'" .c, :::-:: s:( s~ ~:: :::'~...j -< o r; ,,~ = cO> <.n "'" 'J :u o -n --i iti:n r- -..-,m :nO C),.l ~,:~} :::c;) t:;;;L1 ~5M ~_.t :~:; .< w ;~ :3: I.f?