HomeMy WebLinkAbout05-5036
RUTH KESSLER REVOCABLE
TRUST, RUTH KESSLER, Trustee,
and KIRK W. WEARY and VICKI A.
WEARY, husband and wife, and
JOHN W. WEARY and LOIS M.
WEARY, husband and wife,
Owners
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. ()~ - !f{)3ft, M 1-/)
AND
HOME DESIGNS UNLIMITED, LLC,
a Pennsylvania Corporation,
Contractor
STIPULATION AGAINST LIENS
WHEREAS, RUTH KESSLER REVOCABLE TRUST, RUTH KESSLER, Trustee, and
KIRK W. WEARY and VICKI A. WEARY, husband and wife, and JOHN W. WEARY and LOIS
M. WEARY, husband and wife ("Owners"), the legal and equitable owners of the real estate described
herein, pursuant to a Residential Construction Contract dated....<;.~w ~ , 2005 and executed
with HOME DESIGNS UNLIMITED, LLC ("Contractor"), whose principal place of business is
located at P. O. Box 387, New Kingstown, PA 17072 for the construction of certain improvements to said
real estate situate at Clemson Drive, Middlesex Township, Cumberland County, Pennsylvania as more
particularly bounded and described on Exhibit "A", attached hereto and made a part hereof; and
NOW, THEREFORE, this C\c.o... day of S~b.o.A.- ,2005, before any authority had
been given by Owners to Contractor to commence work on said facilities or purchase materials for same,
in consideration of making of the above-described Contract between Owners and Contractor, and in
further consideration of One ($1.00) Dollar paid to Contractor by Owners, the receipt whereof is hereby
acknowledged and intending to be legally bound hereby, it is agreed that no liens or claims shall be filed
or maintained against the Owners' facilities and the land described herein or any interest of Owners
therein by the Contractor or any of its subcontractors, or by any of the materialmen or workmen, or any
other person acting through or under them, for or on account of any labor or materials purchased, or extra
labor or materials purchased for, towards, in or abut the erection, construction, design and improvement
of said facilities, under said contract or otherwise, the right to have, file and maintain such liens or claims
against the facilities and the land described herein, being hereby expressly waived by the Contractor for
itself, its subcontractors, all materialmen, or workmen and other acting through or under them.
-
. ~ .
IN WITNESS WHEREOF, each of the parties, by their duly authorized representatives, have
hereunto executed the Stipulation Against Liens this day of ,2005.
Dated:
~- Lf-O.5
OWNER:
R:Ejt~E~~UST
BY: RUTH KESSL(R, TRUSTEE
OWNER: \V
Dated:
~-3-0S-
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KIRK W. WEARY
Dated:
~-+~
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VICKI A. WEARY
Dated: ~ - 03 - oS
OWNER:
~ tV. t>>-:j
HN W. WEARY
Dated: 8 - 03 - 05
OWNER:
LOIS~AR:n~
CONTRACTOR:
HOME DESIGNS UNLIMITED, LLC
Dated:
q - q -05
By: ~71~
Name: {)#ltJ np/l?.;7~'",...J
Title: //-~ $ Itk'/Jr'
2
. . .
EXHIBIT" A"
PARCEL NO.
ALL THAT CERTAIN tract of land together with the improvements thereon erected situate in
Middlesex Township, Cumberland County, Commonwealth of Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a point (formerly an ash) on the bank of Conodoguient Creek; thence by land nlf
of Clyde Rudy, North 7 1/4 degrees West, 153 perches to a stump; thence by the same, North 84
1/4 degrees East, 86 perches to a stump at a corner of lands nlf of Emma Robinson; thence by
lands of the same, North 3 12 degrees West 61.9 perches to a post at a corner oflands nlf of
William Shambaugh; thence by lands of the same, South 8412 degrees West, 28.8 perches to a
stone, corner of lands nlf of Raymond Smyser; thence by lands of the same, South 86 degrees 53
perches to a post at another comer of lands of the said Raymond Smyser; thence by the same,
North 6 3/4 degrees East, 51 perches to a stone in a public road; thence in and along said public
road and by lands nlf of Herbert Burgett, South 86 3/4 degrees West 36.2 perches to a point in
said public road and corner of lands nlf of Earl Wert; thence by the same North 81 3/4 degrees
West 43.8 perches to a point in said road; thence by lands of the same, South 01 degree East,
104.8 perches to a point; thence by the same and lands nlf of William T. Ewing, due South 163.5
perches to the Conodoguinet Creek; thence along the banks of said Creek, South 83 3/4 degrees
East, 37 perches to a point on the banks of said Creek; thence by same, North 87 3/4 degrees
East, 29 perches to a point along said Creek; thence by the same, North 83 3/4 degrees East, 25.2
perches to the place of BEGINNING.
CONTAINING 163 acres and 20 perches, more or less.
LESS AND EXCEPTING the following Parcels:
1) Parcel #9 sold to Richard L.Wilkins by Deed Book 1-21, Page 1086;
2) Parcel 20A,B&C sold to Frank D. Potteiger by Deed Book Z-24, Page 554;
3) Parcel 20D sold to Ruth A. Clemson Kessler and Edward Kessler, her husband by
Deed Book X-3D, Page 1022; and
4) Parcel 20E sold to Wendy Clemson Henry and Steven M. Henry by Deed Book
216, Page 845.
BEING the same premises which the Ruth Kessler Revocable Trust by Installment Sales
Contract dated March 21,2002 and recorded March 25,2002 in the Cumberland County
Recorder of Deeds Office in Miscellaneous Book 685, Page 3762, agreed to sell and convey unto
Kirk Weary and Vicki Weary, husband and wife, and John Weary and Lois Weary, husband and
wife.
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