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LA'~V OFFICES
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TAX PARCEL # 42-29-2454-344
THE THOMAS J. FRUTH
LIVING TRUST and
THE DORIS A. FRUTH LIVING
TRUST,
Owners
VS.
W. LEE ROLAND, BUILDER,
General Contractor
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0'~ --]qb ftl~
STIPULATION AGAINST LIENS
WHEREAS, THE THOMAS J. FRUTH LIVING TRUST and THE DORIS A. FRUTH
LIVING TRUST, are about to execute contemporaneously herewith, a contract with W. LEE ROLAND,
BUILDER for the erection of a single-family dwelling upon ALL THAT CERTAIN TRACT of land, situate
in the in the Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, being
more particularly bounded and described as follows, to wit:
BEGINNING at a point on the southern fight-of-way of Standlake Way, said point also being
the northeastern comer of Lot #47 on the hereinafter mentioned plan of subdivision; thence
along the southern fight-of-way of Standlake Way the following two courses and distances:
North sixty-two (62) degrees fifty-five (55) minutes twenty-six (26) seconds East, a distance
of eighty-eight and forty-one hundredths (88.41) feet to a point; thence by a curve to the fight
having a radius of twelve and zero hundredths (12.00) feet, an arc length of eighteen and
seventeen hundredths (18.17) feet, with a chord bearing of South seventy-three (72) degrees
forty-two (42) minutes two (02) seconds East, and a chord distance of sixteen and forty-eight
hundredths (16.48) feet to a point on the western right-of-way of Windmsh Lane; thence along
the western fight-of-way of Windmsh Lane by a curve to the fight having a radius of two
hundred twenty-five and zero hundredths (225.00) feet, an arc length of ninety-three and two
hundredths (93.02) feet, with a chord bearing of South eighteen (18) degrees twenty-eight (28)
minutes fifty-three (53) seconds East, and a chord distance of ninety-two and thirty-six
hundredths (92.36) feet to a point at the northernmost comer of Lot #49 on the hereinafter
mentioned plan of subdivision; thence along said Lot #49, South sixty-one (61) degrees
twenty-seven (27) minutes eleven (11 ) seconds West, a distance of eighty-six and sixty-one
hundredths (86.61) feet to a point at the southeastern comer of the above-mentioned Lot #47;
thence along said Lot #47, North twenty-seven (27) degrees four (04) minutes thirty-four (34)
seconds West, a distance of one hundred four and eighty-six hundredths (104.86) feet to a
point on the southern right-of-way of Standlake Way at the northeastern comer of the above
mentioned Lot #47, the place of BEGINNING.
CONTAINING zero and twenty-three hundredths (00.23) acre, more or less, and being
designated as Lot #48 on a Final Development Plan of Witney Ridge, Phase I, prepared by
Da~vood Engineering, Inc., dated September 17, 1999, last revised October 13, 1999, and
recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania
in Plan Book 80, at page 64.
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BEING THE SAME PREMISES ;vhich Witney Ridge Investors, LP, by Deed dated
ganuar_v 9 ,2003, and about to be recorded immediately prior hereto in the Office
of the Recorder of Deeds of and for Cumberland County, Pennsylvania, granted and conveyed
unto Thomas J. Fruth hiving Trust andDoris A. Fruth Living Trust, Oaners.
NOW, THEREFORE, it is hereby stipulated and agreed by and between the parties, as part of said
contract, and for consideration therein set forth, that neither the undersigned Contractor, nor any subcontractor
or materialman, nor any other person furnishing labor or materials to the Contractor under the subject contract
shall file a lien for work perfom~ed, or materials fi~rnished to the building or any part thereof.
The General Contractor hereby agrees to waive any defects in the filing and indexing of this lien waiver
in the Office of the Prothonotary where it is to be filed pursuant to Section 1402 of the Mechanics' Lien Law
of 1963, and agrees that it will not contest the validity of the lien waiver based upon any such defect, and
hereby agrees to this ~vaiver of defects on behalf of any of the subcontractors, materialmen, or suppliers that
may provide any labor or material under the General Contractor's agreement with the Owners and who, but
for the same waiver, would be entitled to assert mechanics' liens against the O~ers' property under the
Mechanics' Liens Law of 1963.
The General Contractor also hereby agrees to provide actual notice of the lien waiver to all
subcontractors, materialmen, and suppliers prior to the providing of any labor or material by them to the
project, and will further provide for a written acknowledgment by each of these persons of the lien waiver prior
to providing any labor or material to the project.
IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals the day
and year aforesaid.
WITNESS:
THOMAS/J~FRUTH - Trustee
~/~~ J,. FRUTH LIVING TRUST
DORIS A. FRUTH - Trustee
THE IXIRIS A. FRLIIH LIVING TRUST
W. LEE ROLAND, BUILDER
By: ./'~. ~ .General Contractor
President