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HomeMy WebLinkAbout01-2027 FX f C'd/J,f 1?41.1.#t' 1/ IN THE COURT OF COMMON PLEAS OF r COUNTY, PA CIVIL ACTION. LAW FR DICKINSON PROPERTY HOLDING, L.P. Owner, ) ) ) ) ) ) ) No. 1)/- dm I fPll-/) Ys. THE NORWOOD COMPANY Con tractor STIPULATION AGAINST MECHANICS' LIENS WHEREAS, The Norwood Company, the undersigned contractor, entered into a contract with FR Dickinson Property Holding, L.P., the undersigned owner, to provide materials and perform labor necessary for construction of a dwelling in accordance with a certain construction contract dated April 6, 2001, with appurtenances, located upon land described as follows: See Schedule A, attached hereto. NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties as part of the said contract and for the consideration therein set forth, that neither the undersigned contractor, any subcontractor or material man, nor any other person furnishing labor or materials to the said contractor under this contract shall file a lien, commonly called a mechanics' lien, for work done or materials furnished to the said building or any part thereof. ':,\~~,~- .".= .' . - -~--. - - - .",. ,',,~, "--~'"I. "1 ",i'il1;:il~J~-'.{'~:,:'.:!'futc"itJ;?!f.:fjit~& " 4 This stipulation is made and intended to be filed with the County Prothonotary in accordance with requirements of Section 1402 of the Mechanics' Lien Law of 1963 of the Commonwealth of Pennsylvania in such case provided. IN WITNESS WHEREOF, the said parties hereto have hereunto set their .-0 ~ hands and seals this (P day of Signed, Sealed and Delivered in the Presence of: By:fYlfYUet- k Monica Smith Administrative Assistant By: -; J!~,"\, "-~-"r ~,-~ ~-'-' - ". '_'~~V'f" I - 1 - ,~ , A.D., 2001. CONTRACTOR: THE NORWOOD COMPANY OWNER: By: A. Richard Astheimer Senior Vice President Development Operations - APR-0S-2001 16:34 NORWOOD COMPANY 610 266 0875 P.02/02 ( This stipulation is made and intended to be filed with the County Prothonotary in accordance with requirements of Section 1402 of the Mechanics' Lien Law of 1963 of the Commonwealth of Pennsylvania in such case provided. IN WITNESS WHEREOF, the said parties hereto have hereunto set their handulld seals this (, +h day of Ap;,1 , A.D., 2001. Signed, Sealed and Delivered in the Presence of: CONTRACTOR: TIlE NORWOOD COMPANY B~~ Monica Smith . Administrative Assistant OWNER: . B~ B,d~ -=- A. Richard Ast eimer Senior Vice President Development Operations tareJ.a t). .Iiit:1:aYs 11dn:in:lst:tative Ass:ist:aoc TOTAL P.02 ''''~,- ~~ .~~ ~:?:",;s t 11=11I .... u Fidelity National Title Insurance Company of New York ~, SCHEDULE A LOTC PLAN BOOK 81 PAGE 11 ALL THAT CERTAIN piece, parcel or tract ofIand together with al1 buildings or structures erected thereon being situate in Dickinson Township, County of Cumberland, State of Pennsylvania, being more fulIy bounded and described as folIIIWS, to wit: BEGINNING at a concrete monument on the northern line of Trne Temper Drive, a sixty (60) foot wide. right-of-way, said monument being Sonth seventy degrees forty-five minntes twelve seconds West (S 700 45' 12" W) and one thousand one hundred six and fifty-three hundredths (1106.53) feet from a concrete monument at the southeast corner of lands of Allen Distribution Inc., at the western line of AlIen Road . (T-687), a sixty (60) foot wide right-of-way; thence along said northern line of True Temper Drive South seventy degrees forty-five minutes twelve seconds West (S 700 45' 12" W) five and twelve hundredths (5.12) feet to a concrete monument; thence along the right-of-way line of the cul-de-sac portiou of Gardeu Drive by a curve to the right having a radius of fifteen and zero hundredths (15.00) feet, an arc distance of twenty-two and sixty-eight hundredths (22.68) feet to a concrete monument; thence along the same by a curve to the left'having a radius of seventy and zero hundredths (70.00) feet, an arc length of one hundred fifty-three an~ four hundredths (153.04) feet to a concrete monument at the western frollt corner of Lot A ofthe Preliminary/Final Subdivision Plan ofthe A.C. Kuhn Tract recorded in Plan Book 81, Page 11 at the Cumberland County Courthouse, Carlisle P A, in the Recorder of Deeds Office; thence along Lot A the folIowingthree courses and distances: (1) North fifty-five degrees thirty-two minutes seventeen seconds West (N 55032' 17" W) a distance of ninety-six and eighty-four hundredths (96.84) feet to an iron pin; thence (2) ~outh seventy-nine degrees twenty-seven minntes forty-three seconds West (S 790 27' 43" W) a distance of one thousand nine hnndred ninety and eighty-nine hun.dredths (1,990.89) feet to an iron pin; thence (3) South seventy-six minutes fifty"eight seconds West (S 760 26' 58" W)a 1istance of two hundred fifty and zero hundredths (250.00) feet to a concrete monument; thence along lands now or formerly of Helen T. Hobbie, North thirteen degrees thirty-three minutes two seconds West (N 13033' 02" W) a distance of eight hundred sixteen and six hundredths (816.06) feet to an Iron pin; thence along lands now oriformerly of Dennis R. & Carol A. Straub, North seventy-three degrees thirty- seven minutes fifty-nine se~onds East (N 730 37' 59" E) a distance ofthree hundred thirty-three and seventy-six hundredths (333.76) feet to a concrete monument on the western line of Lot D of the aforesaid Subdivision Plan for the kC. Kuhn Tract; thence along Lot D South thirty degrees fifty-three minutes fifteen seconds East (S 300'53' IS" E) a distance of one hundred seventy-twll and eight hundredths (172.08) feet to an iron pin; thence along the same North seventy-eight degrees ten minutes twenty-nine seconds East (N 78010' 291' E)a distance of three hundred fifty-nine and sixty-three hundredths (359.63) feet to an iron pin at lands! now or formerly ofEricJ.& Hope M. Comeau; thence along said lands of Comeau North seventy-eight degreeS ten minutes twenty nine seconds East (N 780 10' 29" E) a distance of , three hnndred fifty-six an4 eighty-nine hundredths (356.89) feet to an iron pin; thence along the same North thirteen degrees sev~n minutes fifty-four seconds West (N 130 07' 54" W) a distance of two- hundred forty-four and tWenty-three hundredths (244.23) feet to an iron pin; then~e along Lots No.9, 8, and 7 of the Final Subdivi~ionPlan for Enola Construction Company recorded in Plan Book 81, Page 11 at the Cumberland CountY Court/1ouse, Carlisle P A, in the Recorder of Deeds Office, North seventy-eight degrees nine minutes fortJ\"four seconds East (N 780 09' 44" E) a distance of one thousand eighty-six and ninety-four hundredths {I J086.99) feet to an iron pin; thence along the latter, Lot 7, North ten degrees , thirty-one minutes eight s~conds West (N 100 31' 08" W) a distance of thirty-eight and ninety-one hundredths (38.91) feeHo ~n iron pin; thence along the Lots No.7 and 6 of the aforesaid Subdivision Plan {or Enol'a Constructi~n Co., North seventy-nine degrees twenty-eight minutes fifty-two seconds East (N 790 28' 52" E) a distan~e ofthree hundred ten and zero hundredths (310.00) feet to an iron pin at lands of AlIen Distribution Inc.; thence along lands of AlIen Distribution, Inc., South ten degrees tllJirty- two minutes seventeen seconds East (S 100 32' 17" E), a distance of one thousand One hundred ten and six hundredths (1110.06) feet to a concrete monument on the northern right-of-way liIie of Garden Drive, tlie Place of BEGINNING. Being the same premises conveyed by Deed of Confirmation from A-C KUHN & SON, INC., a Pennsylvania corporation, ALBERT C. KUHN, et aI, (Grantors) dated March 15, 2000 and recorded May 19, 2000 in Deed Book 221 page 584 unto A-C KUHN & SON, INC., a Pennsylvania corporation (Grantee.) ;< "~-1" , "'-'_"C_ -',:'-'0'-' "'-", "'~ ,,~ 1 ' ~-:':~'J,,\1, "-~- I I I: II I' :! II II I 'I :1 Ii II II Ii II II I Ii Iii 1:1 Ii' 1;1 j:j. j:! ::1 :j 1'1 I) t !" Ii ,/ I',; ~ i i 1') ~ :: i I:.' (I 1:11' I:',; Ii:! iA I'"' , 1 ,:j I 'j ':'! -, ~ ~,~ _".,.W_~., ! ~.. 0 Co 0 ~ C ';1 '" ---::~ -n,~'-:;"--: ~ -':~i ~ nlr-::" -0 ~i,l; :',:J '. 'r"..c ~ I '.T'io Ci \ :.,..-.. \~.' " ::::-~6 ~~:: ."'~" ~ 2~~ ~ . )>(~: :-::? ~ z S~ --I :0 -<. U1 -< "r,' ~: ~-~'fJ"~"'i"'7:!~~~'''':''!W:'';-''--- ~~~~~l~~~I!Ill!1'i~~!WJ!)~1