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HomeMy WebLinkAbout02-2037 STIPULATION AGAINST LIENS THIS AGREEMENT made this ~-- day of~P~lL , 2002, by and between SRA CUSTOM HOMES, INC., a PennSylvania Corporation, hereinafter referred to as Contractor, JACK MOSCATO AND DIANA L. MOSCATO, husband and wife, hereinafter referred to as Owners, whereby the contractor undertook and agreed to erected and construct a dwelling on the certain lot of ground situate in ~,~erland County, Co,tu,~onwealth of Pennsylvania, and more fully described in Exhibit "A" which is attached hereto and made a part hereof known as Lot %7 Meadowood Place, South Middleton Township, ~,mherland County, Boiling Springs, PA. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor.~ fo~. an in consideration of the sum '~f ($1.00) Dollar to ContractOr ~n hand .paid by.Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for itself, himself or themselves and its, his or their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and the said Contractor, for itself, himself or themselves, its, his or their subcontractors and others under them, hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : On this, the ~--day of ~/ , 2002, before me, the undersigned officer, personally appeared Jack Moscato and Diana L. Moscato, husband and wife, known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the' within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I my hand ' official seal. COUNTY OF : SS On this, the ~-~" day of+~'/ , 2002, before me a Notary Public, the undersigned Qfficer, personally appeared,, of S&A CUSTOM BUILT HOMES, INC. and that he as such ~ being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the said Corporation by himself as such~&~a4~ '~-~' IN WITNESS WHEREOF, I hereunto set ' ' ' KAN NOTARIAL SEAL ] D' L. LENKER. NOTAFIY PUBUO MY'COMMISSION EXPIRE. ~-~,;.,-L ~.~--."' ' I Exhibit A ALL that certain tract of land situated in South Middleton Township, Cumberland County, PA, being Lot No. 7, as shown on a Plan entitled, "Final Subdivision Plan, Meadowood Site Plan", dated February 9, 2000, by Advantage Engineering Services, Inc., Harrisburg, PA recorded in Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 81, Page 133, being bounded and described as follows: BEGINNING at an iron pin, being a westerly corner of Lot No. 6, and lying in a northerly right of way line of Meadowood Place; thence along said right of way, North 55 degrees 42 minutes 34 seconds West, 63.88 feet to a point; thence continuing along said right of way, along a curve to the right, having a radius of 25.00 feet, an arc length of 23.55 feet, a delta angle of 53 degrees 58 minutes 05 seconds, a tangent of 12.73 feet to a point; thence continuing along said right of way, along a curve to the left, having a radius of 60.00 feet, an arc length of 26.54 feet, a delta angle of 25 degrees 20 minutes 21 seconds, and a tangent of 13.49 feet to an iron pin, lying along said right of way and being a southerly corner of Lot No. 8; thence along said Lot, North 34 degrees 17 minutes 26 seconds East, 367.16 feet to an iron pin, being an easterly corner of said lot, being an easterly corner of lands owned now or formerly by South Middleton Township School District (D.B. J, Volume 9, Page 195, erroneously described as 505 on the aforementioned Subdivision Plan) and lying in a westerly right of way line of an unopened alley; thence along said alley, South 14 degrees 16 minutes 33 seconds East, 138.55 feet to an iron pin, lying along said alley and being a northerly corner of Lot No. 6; thence along said Lot, South 34 degrees 17 minutes 26 seconds West, 303.14 feet to an iron pin, being the place of beginning.