HomeMy WebLinkAbout04-2408STIPULATION AGAINST LIENS
SALVATORE D. FAZZOLARI and
KAREN A. FAZZOLARI, husband and
wife,
Owner
FRED A. TIDAY BUILDERS, 1NC.,:
a Pennsylvania corporation,
Contractor
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WHEREAS, SALVATORE D. FAZZOLARI and KAREN A. FAZZOLARI, husband
and wife, of 83 Fairway Drive, Camp Hill, Pennsylvania 17011 (hereinafter together called
"Owner"), are about to execute contemporaneously herewith, a contract with FRED A. TH)AY
BUILDERS, INC., a Pennsylvania corporation having a principal place of business at P.O. Box
777, New Kingstown, Pennsylvania 17072 (hereinafter called "Contractor"), for the erection of
a dwelling house upon a lot of land situate and described as follows:
ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland
County, Pennsylvania, being Lot No. 17, as shown on the Plan entitled Pinehurst Final
Subdivision Plan Phase V, dated January 19, 1998, and recorded in Cmnberland County Plan
Book 76, Page 112, more particularly bounded and described as follows:
BEGINNING at an iron pin, being a westerly comer of Lot No. 18 and lying in a
northerly right-of-way line of Red Spruce Lane (50-foot right-of-way); thence along said right-of-
way line, North 75 degrees 57 minutes 51 seconds West, 45.00 feet to an iron pin; thence
continuing along said right-of-way line, along a curve to the right, having a chord bearing of
North 53 degrees 12 minutes 51 seconds West, a chord distance of 135.35 feet, a radius of
175.00 feet, and an arc length of 138.97 feet to an iron pin; thence continuing along said right-of-
way line, North 30 degrees 27 minutes 51 seconds West, 43.98 feet to an iron pin, lying in said
right-of-way line and being a southerly comer of Lot No. 16; thence along Lot No. 16, North 59
degrees 32 minutes 09 seconds East, 200.00 feet to an iron pin, being an easterly comer of said
lot and being a westerly comer of lands now or formerly of Jon M. and Nancy J. Olson; thence
along said lands, South 53 degrees 00 minutes 00 seconds East, 62.99 feet to an iron pin, being a
westerly comer of said lands and being a northerly comer of Lot No. 18; thence along Lot No.
18, South 14 degrees 02 minutes 09 seconds West, 199.32 feet to an iron pin, being the place of
BEGINNING.
CONTAINING 0.691 acre.
BEING ALSO commonly known and numbered as 1827 Red Spruce Lane,
Mechanicsburg, Pennsylvania 17050 and also identified as Cumberland Cotmty Tax Parcel
Number 10-14-0842-173.
BEING THE SAME PREMISES which Calvin E. Zimmerman, married man, by his
Deed dated April 26, 2002 and recorded May 1, 2002 in Cumberland County Deed Book 251,
Page 2587, granted and conveyed unto Salvatore D. Fazzolari and Karen A. Fazzolari, husband
and wife, Owners herein.
NOW, ~4~o.,.~,]._.q , 2004, at the time of and immediately before the execution of the
principal contract, anal before any authority has been given by Owner to Contractor to commence
work on the said building, or to purchase materials for the same, in consideration of the making
of the said contract with Contractor and the further consideration of One and 00/100 ($1.00)
Dollar, to Contractor paid by Owner, it is agreed that no lien shall be filed against the above
described premises and the building and improvements to be erected thereon, by Contractor, or
any subcontractor, or by any of the materialmen or workmen, or any other person for any labor
provided or materials purchased, or for extra labor provided or materials purchased for the
erection of said building and improvements, the right to file such liens being expressly waived.
WITNESS, our hands and seals the day and year aforesaid.
Signed and sealed in
the presence of:
OWNER:
Salvatore D. Fazz%tati ~
ATTEST/WITNES S:
CONTRACTOR:
FRED A. T1DAY BUILDERS, 1NC.,
a Pennsylv~on
By: ~AY
Title: /l~resident