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HomeMy WebLinkAbout06-4373 " - STIPULATION AGAINST LIENS CHRISTOPHER K. FISHER TERRY L. PRUETT-FISHER, his wife Owners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. D&; - '-1373 HLb D CULLY, INC., d/b/a C & C CONSTRUCTION, Contractor This instrument is executed this ~ day of June, 2006, by D Cully, Inc" d/b/a C & C Construction ("Contractor") (or "Subcontractor''') in favor of Christopher K. and Terri Pruett- Fisher ("Owners"), Whereas, Owners are about to execute contemporaneously herewith, a contract with Contractor for the erection of a single dwelling house upon a lot of land situate in South Middleton Township, Cumberland County, Pennsylvania, being known as Lot No,S, on a Subdivision Plan, as recorded in Cumberland County Plan Book 57, Page 106, more fully described as follows: BEGINNING at an iron pin set in Township Road T-518, commonly known as Whiskey Springs Road, at the northeasterly comer of Lot 6 on the above- referenced Subdivision Plan; thence by Lot 6 on the above-referenced Subdivision Plan, North 64 degrees 23 minutes 44 seconds West, a distance of 365,70 feet to an iron pin; thence continuing by same, North 79 degrees 41 minutes 29 seconds West, a distance of 751.32 feet to an iron pin; thence by land now or formerly of Ronald Wilson, North 31 degrees 20 minutes 17 seconds East, a distance of 215,53 feet to a stone pile; thence by Lot 4 on the above-referenced Subdivision Plan, South 80 degrees 34 minutes 35 seconds East, a distance of 388,19 feet to an iron pin; thence continuing by same, South 76 degrees 40 minutes 44 seconds East, a distance of 603.55 feet to an iron pin; thence through Township Road T- 518, South 02 degrees 47 minutes 41 seconds West, a distance of 274,28 feet to an iron pin, the place of BEGINNING, containing 5,0680 acres, more or less, and being designated as Lot #5 on the above-referenced Plan, BEING part of the same premises which Dennis R. Eichelberger and Susan L. Eichelberger, his wife, and Ricky J. Eichelberger and Tracy B, Eichelberger, his wife, by deed dated September 8,1989 and recorded on Septernber 11,1989, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "D", Volume 34, Page 1004, granted and conveyed unto Mark A. Knaub, Grantor herein, UNDER AND SUBJECT, nevertheless, to conditions and restrictions as recorded in Cumberland County Deed Book "V", Volume 33, Page 544, r , Now, June ~, 2006, at the time of and immediately before the execution of the construction contract aforesaid, and before any authority has been given by the said Owners to the said Contractor to commence work on the said building, or purchase rnaterials for the same, in consideration of the Owners making of the said contract with Contractor, and intending to be legally bound hereby, it is agreed that no lien shall be filed against the building by Contractor, or any sub-contractor, nor by any of the material men or workmen or any other person for any labor, or rnaterials purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens being expressly waived, Witness, our hand and seals the day and year aforesaid, Signed, Sealed and Delivered ~ D Cull , Inc" d/b/a C & C Construction Commonwealth of Pennsylvania : SS County of Cumberland On this, the 19ihday of June, 2006, before rne, a Notary Public, personally appeared SEAN CULLY, known to me to be the person whose name is subscribed, and who acknowledges himself to be the President of D Cully, Inc" d/b/a C & C Construction, a Pennsylvania corporation and that he as such President, being authorized to do so, executed the foregoing staternent for the purposes therein contained by signing the name of the corporation by himself as, In witness whereof! have hereunto set my hand and notarial seal, COMMONWEALTH OF PENNSYLVANIA Notarlal Seal Michelle W. McCoy, Notary Public South Middleton Twp.. Cumberland County My Commission ExpIres Nov, 18, 2009 Member, Pennsylvania ASSOCiation of Notaries ~~\. t \i,~ ,.,J,rnl\O No Public ..{.a. ]<:I ~ UlT., ~ !.i..' ~-8 1J:l_ S t "8- -+:- ..0 ,- '+ '-'~ ~o I->-g ~ ~ ::J"O ~ I - -, Ai~~ " r,,-) r.",.~~