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HomeMy WebLinkAbout06-1663 1- ANTHONY G. DEVLIN and PATTI A DEVLIN Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MUSSER HOME BUilDERS, INC. Contractor NO. ()(p . it &3 M LO STIPULATION AGAINST LIENS WHEREAS, Anthony G. Devlin and Patti A Devlin, husband and wife, of Cumberland County, Pennsylvania (collectively the "Owner"), have executed or are about to execute contemporaneously herewith a contract with Musser Home Builders, Inc" a Pennsylvania corporation, with offices at 10 Barrens Church Road, Dillsburg, Pennsylvania 17019 (the "Contractor"), for construction of a two-story residential dwelling (the "Improvements") on property known and numbered as lot 1, Willow lake Subdivision, Silver Spring Township, Cumberland County, Pennsylvania, more particularly described on Exhibit A attached hereto, incorporated herein by reference and made a part hereof (the "Premises"). NOW, March 17, 2006, 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, or to enter into any contracts with any subcontractors or materialmen, or to authorize any purchases by or through any subcontractors or materialmen, in consideration of the making of said contract 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 shall be filed against the Improvements, the Premises, or any part thereof, by the Contractor or any subcontractor, or by any of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased, for the Improvements to the Premises (including hereafter changes made thereto), the right to I' file liens being expressly waived. It is the full intent of the Contractor, for itself and for any subcontractors or materialmen claiming for themselves, or by, through or under the contract or the Contractor, that the right to file a mechanic's lien, under the prov,isions of law andlor of Acts of Assembly in such cases made and provided, for work done or materials furnished in and about the construction of the Improvements to the Premises is hereby waived. IN WITNESS WHEREOF, Owner and Contractor have executed this Stipulation Against Liens the day and year first above written. WITNESS: ';;? /:) , j1~ C;" "L"J.- Patti A Devlin WITNESS: CONTRACTOR: ,.-- :/ Musser Home Builders, Inc, /7 .---? " ./;.// ~.::7 By' i;/. . -;:-;:/ .-......;ffj?-.--? ".'" .//"?'. .~ ~iCe1President /" ..-7 " ,,-- /7 ~~ic;etary/ ~~ F:\daw\!lms\Real Estate Closings\1848 - DEVLIN, ANTHONY AND PAlTI\13801 "Purchase of Lot 1, Willow Lake Subdivision\Documents\Stipulation Against Liens.doc 3/16/06 4:14 PM ; EXHIBIT A ALL THAT CERTAIN lot, parcel or tract of land located in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of King Drive (T-590) at its intersection with the northern right-of-way line of Willow Lake Drive, thence from said point of Beginning, by said Eastern right-of-way line of King Drive North thirty-nine degrees twenty minutes six seconds West (N 390 20' 06" W) a distance of twenty-three and thirty-five hundredths (23.35) feet to a point; thence by the same North twenty degrees four minutes twenty-three seconds West (N 20Q 04' 23" W) a distance of eighty and five hundredths (80,05) feet to a point; thence by land now or late of Tolbert J. and Frances T. Vogelsong North seventy-one degrees thirteen minutes forty-three seconds East (N 710 13' 43" E) a distance of two hundred ninety-nine and ninety-six hundredths (299.96) feet to an iron pin; thence by the same North eighteen degrees forty-three minutes fifty-three seconds West (N 180 43' 53" W) a distance of one hundred ninety- nine and ninety-nine hundredths (199.99) feet to an iron pin; thence by land now or late of Sylvan L. and Helen U. Vogelsong North seventy-one degrees sixteen minutes forty- four seconds East (N 710 16' 44" E) a distance of two hundred eighteen and thirteen hundredths (218.13) feet to an iron pin; thence by the same North zero degrees twenty- nine minutes zero seconds East (N 000 29' 00" E) a distance of one hundred forty-three and sixty-six hundredths (143.66) feet to a point; thence by Lot NO.2 South forty-seven degrees twenty-six minutes forty-nine seconds East (S 47"26' 49" E) a distance of three hundred forty-two and thirty-six hundredths (342,36) feet to a point on the northern right- of-way line of Willow Lake Drive; thence by said right-of-way line of Willow Lake Drive the following seven (7) courses: 1) South forty-two degrees thirty-three minutes eleven seconds West (S 420 33' 11" W) a distance of eighty-six and eighty-three hundredths (86.83) feet to a point; 2) by a curve to the right, having a radius of two hundred twenty- five feet (R = 225.00), an arc distance of eighty-seven and seventy hundredths (AIL = 87.70) to a point; 3) South sixty-four degrees fifty-three minutes eleven seconds West (S 640 53' 11" W) a distance of eighty-three and sixteen hundredths (83.16) feet to a point; 4) by a curve to the left having a radius of six hundred twenty-five hundredths feet (R = 625.00), an arc distance of eighty-nine and ninety-nine (AIL = 89.99) to a point; 5) South fifty-six degrees thirty-eight minutes eleven seconds West (S 560 38' 11" W) a distance of ninety-five and thirty-four hundredths (95.34) feet to a point; 6) thence by a curve to the right, having a radius of four hundred seventy-five feet (R = 475.00), an arc distance of one hundred ten and eight hundredths feet (AIL = 110.08) to a point; 7) South sixty-nine degrees fifty-four minutes fifty seconds West (S 690 54' 50" W) a distance of one hundred eighty-eight and fifty-three hundredths (188.53) feet to a point; the place of BEGINNING, FOR INFORMATION ONLY: Said lot contains 131,086.52 square feet or 3.0093 acres. BEING Lot No.1 on the Major Subdivision Plan for Willow Lake, as recorded in the Office of the Recorder of Deeds of and for Cumberland County Pennsylvania in Plan Book 86 Page 136. ~~~~ ~~ O\.:t . D =rt D {,2' -'~ ;:' (j\ ~L n> CL- C-- ~ 70 () !"'-..) (~_. C'.", () (.-/. -,., I. ~ ccJ _'J ril r" (.,) CJ ., I ~~; :~