HomeMy WebLinkAbout09-8675-14-2009 13:50
To The Prothonotary:
LAW OFFICE OF GREG REED
7172388469 P.02
(a) Index in name of Contractor as Defendant and OWNERS as Plaintiffs.
(b) index in name of Contractor as Plaintiff and OWNERS as Defendant.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HIGHSPIRE HOMES, INC.. Civil Action - Law
Contractor
V. No. _ :?j? 7N` 1W L/)
ROGER E. WEBB and Mechanics' Lien Docket
JOAN C. W EBB
Owners No. Page
STIPULATIONS AGAINST MECHANICS' LIENS
WHEREAS HIGHSPIRE HOMES, INC. entered into it contract with ROGER E. WEBB
and JOAN C. WEBB, to provide materials and/or to perform labor necessary for the construction
and erection or the alteration and repair of (a) building(s) upon those certain pieces or parcels of
land situated in Silver Spring Township, Cumberland County, Pennsylvania, being more
particularly bounded and described on Schedule "A", attached hereto and incorporated herein by
reference.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between
the said parties as part of the said Contract, for the consideration therein set forth, that neither
CONTRACTOR, or any subcontractors or materialmen, or any other person fun1ishing labor or
materials to CONTRACTOR or the said subcontractors to be used in any way under the
provisions of the said Contract shall.file any claim or lien, commonly called a Mechanic"s Lien,
for work or materials furnished in connection with the performance of the provisions of the said
contractor any part thereof.
CONTRACTOR does hereby expressly agree to fully and completely indemnify and save
harmless OWNERS of and from any and all claims, charges, liens or demands or whatsoever
kind and nature which CONTRACTOR, its subcontractors, materialmen and all parties acting
through them, or any of them, might file or assert against the premises above described by reason
of any materials or labor furnished or to be furnished in and about the erection, construction and
completion of the building above referred to.
It is understood by CONTRACTOR that this stipulation is entered into for the purpose of
inducing OWNERS to make payments to CONTRACTOR pursuant to the terms of their said
contract and that this Stipulation is being executed before any direction has been given by
OWNERS to CONTRACTOR to commence work on the construction of the said building.
C-1c-2009 13:50 LAW OFFICE OF GREG REED
-1 '0'ii
7172388469 P.03
This Stipulation is made and intended to be tiled with the Prothonotary of Cumberland
County within ten (10) days from the date hereof, in accordance with the requirements of the Act
of Assembly of the Commonwealth of Pennsylvania in such case made and provided.
d this Stipulation
IN WITNESS WHEREOF, CONTRACTOR and OWNERS havSTC81er/-?3C/-
Against Mechanic's Liens to be properly executed this ? day of In the presence of.
2009.
C7
Attest: l?
Secret y
Attest:
Attest:
HIGHSPIRE HOMES, INC.
By: ?
V, President
- . - 9-", P--1'0A
OGE E.. W EBB
U JOAN C. WEBB
TOTAL P.03
Schedule "A"
Legal Description
ALL THAT CERTAIN lot or parcel of land situate in Silver Spring Township, Cumberland
County, Pennsylvania, and designated Lot No. 2 on the Final Subdivision Plan of 53 Foxanna
Drive, said plan dated July 2, 2007 and recorded May 13, 2008 as Instrument #200815696 in the
Cumberland County Recorder of Deeds office, said lot being more particularly bound and
described as follows:
BEGINNING at a point on or near the western right-of-way line of Township Route 588, also
known as Foxanna Drive, thence along or near said western right-of-way line of Foxanna Drive
South 27 degrees 34 minutes 08 seconds East 40 feet to a point; thence along land now or
formerly of Kathy C. Burson South 26 degrees 16 minutes 15 seconds East a distance of 351.00
feet to an iron pin; thence along same South 58 degrees 00 minutes 00 seconds West a distance
of 325.00 feet to an iron pin; thence along the residue of the tract from which this Lot #2 was
subdivided, North 32 degrees 00 minutes 00 seconds West a distance of 225.00 feet to an iron
pin; thence along the same North 58 degrees 00 minutes 00 seconds East a distance of 297.32
feet to a concrete monument; thence along same North 63 degrees 43 minutes 45 seconds East a
distance of 49.00 feet to the point and place of beginning, containing 1.9287 gross acres.
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2009 DEC 17 Ali 10: ?9
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