HomeMy WebLinkAbout04-2413Brian\Clients\Frankland Const\StipVsLiens Lot 9 Denise Meadows
TAX PARCEL # 08-12-0336-075
FRANKLAND CONSTRUCTION, INC.,
Owner
vs.
FRANKLAND CONSTRUCTION, INC.,
General Contractor
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0 -o9 tl8 Mca
SCHRACK &
STIPULATION AGAINST LIENS
WHEREAS, FRANKLAND CONSTRUCTION, INC. is about to execute contemporaneously
herewith, a contract with FRANKLAND CONSTRUCTION, INC. for thc erection of a single-family
dwelling upon ALL THAT CERTAIN TRACT of land, situate in the in the Township of Dickinson,
County of Cumberland, and Commonwealth 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 #9 and #10 with said centerline;
thence extending in amd through the centerline of Pine Road by an arc or curve to the
right having a radius of four thousand (4,000) feet, a chord length of ninety-six and seven
hundredths (96.07) feet on a bearing South sixty-six (66) degrees fifty-one (51) minutes
thirty-seven (37) seconds East, for an arc length of ninety-six and seven hundredths
(96.07) feet to a steel pin; thence continuing through said centerline, South sixty-six (66)
degrees ten (10) minutes twenty (20) seconds East, for a distance of fifty-seven and nine
hundredths (57.09) feet to a steel pin in said centerline at the western extension of Lot
#15; thence departing from said centerline and extending along Lot//15 the following five
courses and distances: South twenty-three (23) degrees forty-nine (49) minutes forty (40)
seconds West, for a distance of sixteen and thirty-three hundredths (16.33) feet to a steel
pin set on the southernmost legal right-of-way line of Pine Road; thence by an arc or curve
to the right having a radius of forty (40) feet, a chord of fifty-four and forty-eight
hundredths (54.48) feet on a bearing South nineteen (19) degrees five (05) minutes thirty-
seven (37) seconds East, for an arc length of fifty-nine and ninety-three hundredths
(59.93) feet to a steel pin; thence continuing South twenty-three (23) degrees forty-nine
(49) minutes forty (40) seconds West, for a distance of thirty-five and nine hundredths
(35.09) feet to a steel pin; thence by an arc or curve to the left having a radius of two
hundred twenty-five (225) feet, a chord of twenty-nine and sixty-five hundredths (29.65)
feet on a bearing South twenty (20) degrees three (03) minutes thirteen (13) seconds West,
for an arc length of twenty-nine and sixty-seven hundredths (29.67) feet to a steel pin;
thence continuing South sixteen (16) degrees sixteen (16) minutes eighteen (18) seconds
West, for a distance of four hundred two and fourteen hundredths (402.14) feet to a steel
pin at Lot #14; thence extending along Lot//14, North sixty-seven (67) degrees twenty-
four (24) minutes fifty-seven (57) seconds West, for a distance of one hundred seventy-
four and zero hundredths (174.00) feet to a steel pin at Lot//10; thence extending along
Lot//10 the following two courses and distances: North twenty-three (23) degrees twenty-
Scm c &
LINSENBACH
one (21) minutes fifty-one (51) seconds East, for a distance of one hundred forty-two and
nine hundredths (142.09) feet to a steel pin; thence continuing North thirteen (13) degrees
twenty-three (23) minutes fifty-one (51) seconds East, through a steel pin set on the
southernmost legal right-of-way line of Pine Road, a distance of seventeen and forty-six
hundredths (17.46) feet from the terminus of this call, for a total distance of three hundred
eighty-six and forty-seven hundredths (386.47) feet m a steel pin set in the center of the
cartway of Pine Road, said pin marking the place of BEGINNING.
CONTAINING 1.926 acres to the right-of-way line, or 1.985 acres to the
property line, being designated as Lot g9 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 recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania granted and conveyed unto Frankland Construction,
Inc.
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 m the building or any part
thereof.
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 m 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
property 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 m the project.
IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals the day
and year aforesaid.
ATTEST:
ATTEST:
FRANKLAND CONSTRUCTION, INC.
Owner T~~
i c.
General Contractor
President
President
SCiIRACK & LINSFA~BACH
ln~r Ol~lml~ 310
I~n:-,m~O. PA 17019-0310