HomeMy WebLinkAbout02-2929IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT E. BINGAMAN, JR. and KELLY H. BINGAMAN, husband and wife,
as Iheir interests may appear, Fee Simple
Owner
V.
MCNAUGHTON HOMES, a Division of the McNaughton Company
STIPULATION AGAINST LIENS
WHEREAS, ROBERT E. B1NGAMAN, JR. and KELLY H. BINGAMAN, (the
"Owner"), have executed or are about to execute contemporaneously herewith a contract with
McNAUGHTON HOMES, (the "Contractor'), for construction of a single family dwelling
(collectively the "Improvements") on a tract of land located on CANTERBURY DRIVE, situate
in the Township of Upper Alien, County of Cumberland, Pennsylvania, known as Lot No. 35,
Phase I, Canterbury Estates, Plan Book 54, Page 8, and more particularly described in Exhibit
A attached hereto, incorporated herein by reference and made a part hereof (the "Premises").
NOW, JUNE 12, 2002, 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 material men, or to authorize any purchases
by or through any subcontractors or material men, 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 material men or workmen or any other person for any labor, or
materials pumhased, or extra labor or materials pumhased, for the Improvements to the Premises
(including hereafter changes made thereto), the right to file liens being expressly waived.
It is the full intent of the Contractor, for himself and for any subcontractors or material
men claiming for themselves, or by, through or under the contract or the Contractor, that the right
to file a mechanic's lien, under the provisions of law and/or of Acts of Assembly in such cases
made and provided, for work done or materials furnished in ad 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:
OWNER:
ROBERT E. BII~GAM~; JR.
CONTRACTOR:
EXHIBIT "a"
MORTGAGE LEGAL
ALL THAT CERTAIN lot or parcel of land situate in the Township of Upper Allen, County of Cumberland, and
Commonwealth of Pennsylvania, and bounded and described as follows:
BEGINNING at a point on the nor/hem right of way line of Canterbury Drive (50 feet wide), said point being
located at the southeastern corner of Lot No. 32 of Canterbury Estates/Strock Tract and on the centerline of a
25 foot wide public access utility easement; thence along the eastern boundary line of said Lot No. 32, and
along the centerline of said 25 foot wide public access utility easement, North 5 degrees 49' 26" East, for a
distance of 148.93 feet to a point; thence North 21 degrees 49' 25" East, and continuing along the centerline of
said 25 foot wide public access utility easement, for a distance of 26.37 feet to a point at the southwestern
corner of Lot No. 36; thence along Lot No. 36 and passing through said 25 foot wide public access utility
easement, South 41 degrees 28' 57" East, for a distance of 171.10 feet, to a point on the northern right of way
line of Canterbury Drive (50 foot wide); thence along said right of way line on the arc of a circle curving to the
right, having a radius of 180.99 feet and an arc length 149.43 feet to a point and the place of beginning.
BEING known as LOT NO. 35, Phase I, Canterbury Estates, as recorded in Plan Book 54, Page 8 of the
Cumberland County Recorder of Deeds Office.
PARCEL NO. 42-29-2458-044
(Bingamar~,pfd/BINGAMAN/10)