HomeMy WebLinkAbout04-1012Harry Fox/Stipulation against liens Armstrong
BENJAMIN C. ARMSTRONG and :
PATRICIA A. ARMSTRONG, :
husband and wife, :
Owners.'
VS. :
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN FOGARTY CUSTOM BUILT:
HOMES, INC. :
General Contractor :
SCHRACK &
LINSENBACH
STIPULATION AGAINST LIENS
WHEREAS, BENJAMIN C. ARMSTRONG and PATRICIA A. ARMSTRONG, husband and
wife, are about to execute contemporaneously herewith, a contract with JOHN FOGARTY CUSTOM
BUILT HOMES, INC., for the erection ora single-family dwelling upon ALL THAT CERTAIN TRACT
of land situate in the Township of Dickinson, County of Cumberland, and Commonwealth of
Pennsylvania, being more particularly bounded and described as follows, to wit:
BEGINNING at an existing railroad spike found in the centerline of
Myerstown Road (T-524), which spike marks the common point of adjoiner of lands
now or formerly ofHan'y W. Spieler and the within described tract with the centerline
of said roadway; thence extending in and through the centerline of Myerstown Road,
South fifty-six (56) degrees seventeen (17) minutes nine (09) seconds East, for a
distance of three hundred twenty-eight and eighty-two hundredths (328.82) feet to a
railroad spike set in the center of said roadway; thence departing from the centerline
of Myerstown Road and extending across the cartway, South thirty-three (33) degrees
forty-two (42) minutes fifty-one (51) seconds West, for a distance of twenty-four and
thirty-six hundredths (24.36) feet to a steel pin set on the southwesternmost dedicated
right-of-way line of Myerstown Road, at the northern extension of a radius of a
proposed unnamed private roadway; thence by said radius on a curve to the right
having a radius of forty (40) feet, a chord of fifty-six and nineteen hundredths (56.19)
feet on a bearing South fifteen (15) degrees forty-four (44) minutes fifty-nine (59)
seconds East, for an arc length of sixty-two and thirty hundredths (62.30) feet to a
steel pin on the western side of said private roadway; thence extending along said
private roadway, and Parcel D, South twenty-eight (28) degrees fifty-two (52)
minutes six (06) seconds West, for a distance of fourteen hundred seventy and
thirteen hundredths (1470.13) feet to a steel pin at "Parcel C" on the hereinafter
SCHRACK &
LINSENI~ACH
mentioned plan; thence extending along "Parcels C and C-I", North twenty (20)
degrees thirty-eight 08) minutes eighteen (18) seconds West, for a distance of three
hundred ninety-four and forty-nine hundredths (394.49) feet to a point marked by an
existing rebar at lands now or formerly of Kenneth E. Rockey; thence extending along
said lands, North twenty-eight (28) degrees fifty-two (52) minutes six (06) seconds
East, through a concrete monument set on the southwestemmost dedicated right-of-
way line of Myerstown Road a distance of twenty-four and thirty-three hundredths
(24.33) feet from the terminus of this call, for a total distance of thirteen hundred and
fifty hundredths (1300.50) feet to an existing railroad spike, said spike marking the
place of BEGINNING.
CONTAINING 9.691 acres to the dedicated right-of-way line and 10.537
acres to the property line, and being designated as "Parcel D", in accordance with
a Subdivision of Lands Known as High Fields, prepared for Harry H. Fox Jr., by
Shelly & Witter, Inc., P.L.S., dated May 2002, and recorded in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, on January 3, 2003,
in Plan Book 86, at page 82.
BEING THE SAME PREMISES which Harry H. Fox, Jr. and Ann O. Fox,
husband and wife, by Deed dated October 29, 2003, and recorded in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 260
at page2289, granted and conveyed unto Benjamin C. Armstrong and Patricia A.
Armstrong, husband and wife, the Owners herein.
NOW, THEREFORE, it is hereby stipulated and agreed by and between the parties, as part of said
contract, and for consideration therein sat 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 theren£
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 waiver 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 Owner and who, but for
the same waiver, would be entitled to assert mechanics' liens against the Owner's properly 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: /~ ~ ~'
JOHN FOGARTY CUSTOM BUILT HOMES,/NC.
G ,e~.x al Contractor
.1~~- President
Sca cg &
LINSF~'~BACH