HomeMy WebLinkAbout02-2139STIPULATION AOAINST LIENS
THIS AOREEMENT made this /~ day Oifnc..~/, ~of , 2002, by
and between Chateau Custo~ Hom~ Builders, 322 Candlelight
Drive, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter
referred to as Contractor,
ROBERT D. BIRK~AIER AND ROXANN O. BIRKMAIER, 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 Hampden Township, ~,mherland County,
Commonwealth of Pennsylvania, and more fully described in Exhibit
"A" which is attached hereto and made a part hereof known as Lot
#11 Hampden Station, Cumberland County, PA. (1390ArmitageWay,~hanicshurg,
NOW T~EREFORE, T~IS A~REEMENT WITNESSETH: That the said
Contractor, for an in consideration of the sum of ($1.00) Dollar to
Contractor in 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
m~ any mechanic,s liens or claims ~gainst 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
ATTEST:
Witness
: CHATEAU CUST0~_~4E BUILDERS,
~y.~uonn M. Kostelac ' '
: ~%obert D..B/~k~aier
: R6xann D. Birkmaier
INC.
COMMONWEALTH OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
On th~s, the / day of ~,,~ --~ , 2002, bef.ore re.e,
the undersl ed of fi ~
gn cer, personall~appeared Robert D. Blrkmaler
--' ' -- - airk.ai~r,
-' ' .... &~a~-~n6~-w~"fe, 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 hereunto set my hand and official seal.
C. ARUSLE BOP, O, CUMBERLJU4DCOUNTY ! , ~
My COMMISSION EXPIRE8 FEBRUARY 20, 2005 ~ ~'*~
(SEAL,)
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND : SS
On this, the / day of
before me a
Notary Public, the undersigned officer, personally appeared John
M. Kostelac who acknowledged himself to be the President of
Chateau Custom Home Builder, Inc., and that he as such President
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 President.
IN WITNESS WHEREOF,
I KA-- NOTARIAL SEAL
NDI L LENKER, NOTA
CARLISLE BORO C RYPUBUC
I hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND : SS
This 1st day of May, 2002, before, me a Notary Public in and
for the Commonwealth of Pennsylvania, the undersigned officer,
personally appeared Robert D. Birkmaier, known to me or
satisfactorily proven to be the person whose name is subscribed to
the above indenture as attorney-in-fact for Roxann O. Birkmaier,
and acknowledged that he executed the same as the act of his
principal for the purpose therein contained.
In Witness Whereof,
seal.
I have he reunto~/ h~d~]~fficial
Exhibit A
ALL that certain tract of land situate in Hampden Township, Cumberland County,
Pennsylvnnln, Being Lot No. 11 as shown on the Revised Final Subdivision Plan of
Hampden Station, Phase I dated November 18, 1999, and revised last on April 27,
2000 and recorded in Plan Book 81, Page 81.
Said parcel being more fully described as follows:
BEGINNING at an iron pin to be set along the southern right-of-way line of
Armitage Way at the dividing line between lot 10 and lot 11 as shown on above said
plan; Thence along lot 10, South 07 degrees 09 minutes 15 seconds West a distance
of 169.56 feet to an iron pin to be set along the lands now or formerly John E. Jr. &
Gayla D. Bradley; Thence along said lands, South 89 degrees 38 minutes 47 seconds
West a distance of 109.58 feet to an iron pin to be set at the dividing line between lot
11 and lot 12; Thence along lot 12, North 10 degrees 02 minutes 14 seconds East a
distance of 189.11 feet to an iron pin to be set along the southern right-of-way line of
Armitage Way; Thence along Armitage Way, South 79 degrees 57 minutes 46
seconds East a distance of 98.26 feet to an iron pin to be set, the place of
BEGINNING.