HomeMy WebLinkAbout04-11721N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ISTAP CORPORATION : ~ b ~ [ t '~ ~L ~
GENERAL CONTRACTOR :
:
v. : OLD CAMP HILL BOROUGH
: SEWAGE TREATMENT PLANT
FURNLEY FRISCH AND : ~ SHETTERS LANE
I?URNLEY ENTERPRISES, INC. : . / / LOWER ALLEN TOWNSHIP,
SUBCONTRACTOR fi'),,/Id/ PENNSYLVANIA
STIPULATIObJ/AGAINST LIENS
WHEREAS, 1STAP CORPORATION, the GENERAL CONTRACTOR for THE
FRANKLIN R. SHAFFER IRREVOCABLE TRUST, OWNER of the real estate described below, has
or is about to execute a subcontract with FURNLEY FR1SCH AND FURNLE¥ ENTERPRISES, ,~,~
INC., the SUBCONTRACTOR, whose principal place of business is located at 291 Sawmill Road,
Duncannon, Pennsylvania 17020 to perform demolition work as indicated in Subcontract Agreement for
the project site known as the OLD CAMP HILL BOROUGH SEWAGE TREATMENT PLANT, on
Shetters Lane, Lower Allen Township, Cumberland County, Pennsylvania, as more particularly bounded
and described on Exhibit "A", attached hereto and made a part hereof; and
NOW, THEREFORE, this 19th day of March, 2004, before any authority had been given by
ISTAP CORPORATION to FURNLEY FRISCIt and/or EURN~ ~V ~NTERPRISE~, INC. to
commence work on said site, or purchase materials for same, in consideration of making of the above
described contract with ISTAP COPRORATION, the general contractor, and in further consideration of
One Dollar ($1.00) paid to the Subcontractor by ISTAP COPRORATION, the receipt whereof is hereby
acknowledged, it is agreed that no mechanics liens or claims shall be filed or maintained against the
Owner's facilities and the land above described, or upon ISTAP CORPORATION, the General
Contractor, by the Subcontractor or by any of the material men or workmen, or any other person acting
through or under them, for or on account of any labor, or materials purchased, or extra labor or materials
purchased for, towards, in or about the demolition construction, design and improvement of said facilities,
under said contract or otherwise, the right to have, file and maintain such liens or claims against the
facility, the land above described, and have, file and maintain such liens or claims against the facility, the
land above described, and 1STAP CORPORATION, the General Contractor being hereby expressly
waived by the Subcontractor for itself, its subcontractors, all material men, or workmen and others acting
throug~ them.
IN WITNESS WHEREOF, each of the parties by their duly authorized representatives have
hereunto executed this Stipulation Against Liens this 19ta day of March, 2004.
CONTRACTOR: ISTAP CORPORATION
./- -'
SUBCONT~CTOR:
EXHIBIT "A"
The Old Camp Hill Borough Sewage Treatment Plant
on Shetters Lane, Lower Allen Township, Cumberland County, Pennsylvania
ALL that certain tract of land situate in Lower Allen Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at stone at the side of the road; thence by lands formerly of Martin Best now or
formerly of David Z. Hertzler, North 41-1/2 degrees West, a distance of 391.38 feet to a stone;
thence by lands now or formerly of David Z. Hertzler, North 89 degrees West, a distance of
459.36 feet to a stone in the center of the road; thence by lands formerly of George Rupp, North
01 degree west, a distance of 148.5 feet to a post; thence by lands formerly of George Rupp,
North 82-1/2 degrees East, a distance of 194.7 feet to a stone,; thence by lands formerly of
George Rupp, South 85 de~ees East, a distance of 452.1 feet to a stone; thence by lands
formerly of George Rupp and lands now or formerly of Joseph Fegan, South 10-1/2 degrees
East, a distance of 473,5 feet to the Place of BEGINNING.
CONTAINING 3 acres and 34 perches, more or less.
BE1NG the same premises which Mildred C. Best, Single Woman, by her deed dated November
26, 1938 and recorded in Deed Book "X', Vol. 11, Page 351, Cumberland County records,
granted and conveyed tmto the Borough of Camp hill, and who by their deed dated May 17th,
1979 and recorded in Deed Book "R", Vol. 28, Page 919, Cumberland County records, granted
and conveyed unto the FRANKL1N R. SHAFFER IRREVOCABLE TRUST