HomeMy WebLinkAbout07-2498.'
NIRMAL JOSHI
and RENU JOSHI,
Owners
v.
FRED A. TIDAY BUILDERS, INC.,
a!k/a FRED TIDAY
Contractor
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. U7 a yip J~~~
STIPULATION AGAINST LIENS
WHEREAS, Nirmal Joshi and Renu Joshi, husband and wife, of
Mechanicsburg, Cumberland County, Pennsylvania (collectively the "Owner"}, have
executed or are about to execute contemporaneously herewith a contract with Fred A
Tiday Builders, Inc., a Pennsylvania corporation, with offices in Mechanicsburg,
Pennsylvania a/k/a Fred Tiday (the "Contractor"}, for construction of a single family
home (the "Improvements") on property known and numbered as Lot 12, Pinehurst
Hills, Hampden Township, Cumberland County, Pennsylvania, more particularly
described on Exhibit A attached hereto, incorporated herein by reference and made a
part hereof (the "Premises").
NOW, April a 7 , 2007, 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 materialmen, or
to authorize any purchases by or through any subcontractors or materialmen, 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 materialmen or workmen or any other person for any
labor, or materials purchased, or extra labor or materials purchased, for the
4
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 itself and for any subcontractors or
materialmen 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 and 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:^
~~~~
Nirmal r~oshi
Renu Jo
WITNESS:
CONTRACTOR:
Fred A. Tiday Builders, Inc.
~~
By. ---
(Vice) President
Fred iday
_~
F:\daw\4741 - JOSHI, NIRMAL\14371 -Construction Conrad for Lot 12, Pinehurst Hills\DocumentslStipulation Against Liens.doc
4!26/07 1:11 PM
EXHIBIT A
ALL THAT CERTAIN parcel of land situate in the Township of Hampden, County of Cumberland, and
Commonwealth of Pennsylvania in accordance with a Plan entitled "Final Subdivision Plan for Watts
Tract", dated August 19, 1999 and last revised July 25, 2000, as more fully described to follow:
BEGINNING at an iron pin to be set located along the eastern right-of--way line of Adeline Drive at the
dividing line between Lot 12 and 13 as shown on the above said Plan; THENCE along Lot 13, North
seventy-two degrees forty minutes twenty-nine seconds East (N 72° 40' 29" E), a distance of two hundred
seventy-one and ninety-six hundredths (271.96) feet to an iron pin to be set along lands now or formerly
of Thomas and Debra Desso; THENCE along said land of Desso the following four (4) courses and
distances: 1) South twenty-nine degrees forty-one minutes twenty-seven seconds East (S 29° 41' 27" E),
a distance of zero and forty-two hundredths (0.42) feet to an existing iron pin; 2) South forty-two degrees
thirty-five minutes thirty-four seconds East (S 42° 35' 34" E), a distance of fifty-four and eight
hundredths (54.08) feet to an existing iron pin; 3) North forty-eight degrees twenty-five minutes four
seconds East (N 48° 25' 04" E), a distance of sixteen and forty-eight hundredths (16.48) feet to an
existing iron pin; 4) South sixty-two degrees sixteen minutes fifty-eight seconds East (S 62° 16' S8" E), a
distance of one hundred thirty-two and twenty-eight hundredths (132.28) feet to an iron pin to be set at
the dividing line between Lot 6 and 12; THENCE along Lot 6, South sixty-two degrees fifty-six minutes
four seconds West (S 62° 56' 04" W), a distance of two hundred twenty-four and thirty-six hundredths
(224.36) feet to an iron pin to be set at the dividing line of Lot 6 and Lot 11; THENCE along Lot 11,
South eighty-two degrees thirty-one minutes twenty-seven seconds West (S 82° 31' 27" W), a distance of
one hundred ninety-one and ninety-eight hundredths (191.98) feet to an iron pin to be set along the
eastern right-of--way line of Adeline Drive as shown on above said Plan; THENCE along Adeline Drive
the following three (3) courses and distances: 1) a curve to the left having a radius of four hundred fifty
and zero hundredths (450.00) feet, a delta angle of nine degrees fifty minutes fifty-nine seconds (09° 50'
59"), an arc length of seventy-seven and thirty-six hundredths (77.36) feet, and a chord bearing and
distance of North twelve degrees twenty-four minutes two seconds West (N 12° 24' 02" W), seventy-
seven and twenty-six hundredths (77.26) feet, to an iron pin to be set; 2) North seventeen degrees
nineteen minutes thirty-one seconds West (N 17° 19' 31" W), a distance of sixty-two and seven
hundredths (62.07) feet to an iron pin to be set; 3) along a curve to the left having a radius of two hundred
and zero hundredths (200.00) feet, a delta angle of zero degrees thirty-eight minutes nine seconds (00°
38' 09"), an arc length of two and twenty-two hundredths (2.22) feet, and a chord bearing and distance of
North seventeen degrees zero minutes twenty-six seconds West (N 17° 00' 26" W), two and twenty-two
hundredths (2.22) feet to an iron pin to be set, the point and place of BEGINNING.
BEING lot 12 on the Plan entitled "Final Subdivision Plan for Watts Tract", dated August 19, 1999 and
last revised July 25, 2000 recorded in Cumberland County Plan Book 81, Page 99.
For information only: Lot 12, Pinehurst Hills, Adeline Drive
BEING the same premises granted and conveyed by deed dated October 30, 2006, recorded November 6,
2006 in Cumberland County Deed Book 277, Page 2371 unto Nin:rtal Joshi and Renu Joshi.
F:\daw\4741 - JOSHI, NIRMAL\14371 -Construction Conract for Lot 12, Pinehurst Hills\Documents\EXHIBIT A.doc 4/27/07 3:17 PM
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