HomeMy WebLinkAbout03-5192c:\Brian'sClients\Burbach\SfipVsLiens(jsg)
BRIAN D. BURBACH and :
LORRAINE S. BURBACH, :
husband and wife, :
Owners :
W. R. STANSFIELD
CONSTRUCTION,
General Contractor
TAX PARCEL # 08-12-0336-072
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
S~c~c&
L~ns~BAc~
LAW OFFICES
STIPULATION AGAINST LIENS
WHEREAS, BRIAN D. BURBACH and LORRAINE S. BURBACH, husband and wife, are
about to execute contemporaneously herewith, a contract with W. R. STANSFIELD CONSTRUCTION for
the erection ora single-family dwelling upon ALL THAT CERTAIN TRACT of land, situate in the in thc
Township of Dickinson, County of Cumberland, and Coannonwealth of Pennsylvania, being more
particularly bounded and described as follows, to wit:
BEGINNING at a steel pin set in the center of the cartway of Pine Road (S.R.3006),
at the common point of adjoiner of Lots #5 and #6 with the said center of said
cartway; thence departing from Pine Road and extending along Lot #5, South zero
(00) degrees twenty-seven (27) minutes eleven (11) seconds West, through a steel pin
set on the southernmost legal right-of-way line of Pine Road, a distance of sixteen and
ninety-one hundredths (16.91) feet from the origin of this call, for a total distance of
four hundred seventy-one and eighty-one hundredths (471.81) feet to a steel pin at
Lot # 16; thence extending along Lot # 16, North seventy-eight (78) degrees twenty-
nine (29) minutes twenty-eight (28) seconds West, for a distance of two hundred
forty-six and fitly-nine hundredths (246.59) feet to a steel pin at Lot #7; thence
extending along Lot #7, North twelve (12) degrees forty-five (45) minutes twenty-five
(25) seconds East, through a steel pin set on the southernmost legal tight-of-way line
of Pine Road a distance of seventeen and twenty-six hundredths (17.26) feet from the
terminus of this call, for a total distance of four hundred seventy-five and fifty-one
hundredths (475.51) feet to a steel pin in the center of the cartway of Pine Road;
thence extending in and through the center of the cartway of Pine Road by an arc or
curve to the left having a radius of seven hundred fifty (750.00) feet, a chord of one
hundred forty-six and twenty-eight hundredths (146.28) feet on a beating South
seventy-three (73) degrees thirty-eight (38) minutes forty-two (42) seconds East, for
an arc length of one hundred forty-six and fifty-one hundredths (146.51) feet to a steel
pin in the center of said roadway at Lot #5, said pin marking the place of
BEGINNING.
CONTAINING 2.099 acres to the right-of-way line, or 2.045 acres to the property
line, being designated as Lot #6, all in accordance with a plan of subdivision of
Denise Meadows, prepared for Harry H. Fox Jr., by Shelly & Witter, Inc., P.L.S,
dated August 2002, and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Plan Book 86, at page 56.
BEING THE SAME PREMISES which Harry H. Fox Jr. and Ann G. Fox, husband and
wife, by Deed dated May 29, 2003, and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania in Deed Book 257, at page 2003, granted and conveyed
unto Brian D. Burbach and Lorraine S. Burbach, husband and wife,
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 performed, or materials furnished to the building or any part thereo£
The General Contractor hereby agrees to waive any defects in the filing and indexing of this lien waiver
in the Office oftbc 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 waiver of defects on behalf of any of the subcontractors, materialmen, or suppliers that
ma3' provide any labor or material under the General Contractor's agreement with the Owner and who, but for
the same waiver, would be entitled to assert mechanics' liens against the Owner's property under the
Mechanics' Liens [,aw of 1963.
The General Contractor also hereby agrees to provide actual notice of the lien tvaiver 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:
BRIAI~ D. BURBACH- _ Owner
W. R. STANSFIELD CONSTRUCTION