HomeMy WebLinkAbout10-218110- algj MAD
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
EREZ DACHINGER and SUNITA SINHA DACHINGER, husband and wife,
As their interests may appear, Fee Simple
Owner
vs. ?
FRED A. TIDAY BUILDERS, INC.
- c.
STIPULATION AGAINST LIENS ==r?
WHEREAS, EREZ DACHINGER and SUNITA SINHA DACHINGER, husband and
wife, (the "Owner"), have executed or are about to execute contemporaneously herewith a
contract with FRED A. TIDAY BUILDERS, INC. (the "Contractor"), for construction work
(collectively the "Improvements") on a tract of land located in the Township of Hampden,
County of Cumberland, Pennsylvania, known as Lot No. 35 Wentworth Estates, Plan Book
90, Page 17, also known as 5035 Pellingham Circle, and more particularly described in Exhibit
A attached hereto, incorporated herein by reference and made a part hereof (the "Premises").
NOW, MARCH 29, 2010, before any authority has been given by the Owner to the
Contractor to commence work on the Improvements, or to purchase materials for the same, or to
enter into any contracts with any subcontractors or material men, or to authorize any purchases
by or through any subcontractors or material men, in consideration of the making of said contract
with the Owner and the further consideration of One ($1.00) Dollar, to Contractor paid by
Owner, and with the intent of all parties to be legally bound hereby, it is agreed that no lien shall
be filed against the Improvements, the Premises, or any part thereof, by the Contractor or any
subcontractor, or by any of the material men or workmen or any other person for any labor, or
materials purchased, or extra labor or materials purchased, for the Improvements to the Premises
(including hereafter changes made thereto), the right to file liens being expressly waived.
It is the full intent of the Contractor, for himself and for any subcontractors or material
men claiming for themselves, or by, through or under the contract or the Contractor, that the right
to file a mechanic's lien, under the provisions of law and/or of Acts of Assembly in such cases
made and provided, for work done or materials furnished in ad about the construction of the
Improvements to the Premises is hereby waived.
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IN WITNESS WHEREOF, Owner and Contractor have executed this Stipulation Against
Liens the day and year first above written.
OWNER:
EREZ DACHINGER
OWNERR::
SUNITA SINHA DACHINGER
CONTRACTOR:
FRED A. TIDAY BUILDERS, INC
BY:
=rF,? ?," y (rinted name)
a? (title)
SCHEDULE "A" - STIPULATION LEGAL
ALL THAT CERTAIN lot or parcel of land situate in HAMPDEN TOWNSHIP, Cumberland County, Pennsylvania,
lying northeast of the easterly intersection of Heatherington Way and Pellingham Circle, bounded and described
as follows:
BEGINNING at the intersection of the easterly right of way line of Heatherington Way (50 feet wide), with the line
of division between Lot Nos. 64C and 35; extending (1) thence South 77 degrees 58 minutes 07 seconds East,
a distance of 200.78 feet; extending (2) thence South 26 degrees 26 minutes 00 seconds West, a distance of
154.08 feet to the northerly right of way line of Pellingham Circle; extending (3) thence along said right of way
line by a curve to the left, having a radius of 475.00 feet, an arc distance of 119.40 feet, and a chord bearing and
distance of North 70 degrees 46 minutes 03 seconds West, 119.08 feet; extending (4) thence along the same
North 77 degrees 58 mintues 07 seconds West, a distance of 19.32 feet; extending (5) thence along the same
by a curve to the right having a radius of 25.00 feet, an arc length of 39.27 feet, and a chord bearing and
distance of North 32 degrees 58 minutes 07 seconds West, 35.36 feet to the easterly right of way line of
Heatherington Way; extending (6) thence along said right of way line, North 12 degrees 01 minute 53 seconds
East, a distance of 109.31 feet to the point of BEGINNING.
BEING LOT NO. 35 as shown on a Plan entitled "Final Subdivision Plan for Phase II and III, Wentworth Estates"
dated 5/20/04, last revised 8/17/04, Job No. 1001-846, prepared by LSC Design, Inc., York PA, and recorded in
Plan Book 90, Page 17.
(DACH I NGER.CONST. PFD/DACH INGER. CONST/13)