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HomeMy WebLinkAbout01-2027 IN THE COURT OF COMMON PLEAS OF~ COUNTY, PA CIVIL ACTION - LAW FR DICKINSON PROPERTY HOLDING, L.P. ) Owner, ) ) ) No. O/-' ) THE NORWOOD COMPANY ) Contractor ) STIPULATION AGAINST MECHANICS' LIENS WHEREAS, The Norwood Company, the undersigned contractor, entered into a contract with FR Dickinson Property Holding, L.P., the undersigned owner, to provide materials and perform labor necessary for construction of a dwelling in accordance with a certain construction contract dated April 6, 2001, with appurtenances, located upon land described as follows: See Schedule A, attached hereto. NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties as part of the said contract and for the consideration therein set forth, that neither the undersigned contractor, any subcontractor or material man, nor any other person furnishing labor or materials to the said contractor under this contract shall file a lien, commonly called a mechanics' lien, for work done or materials furnished to the said building or any part thereof. This stipulation is made and intended to be filed with the County Prothonotary in accordance with requirements of Section 1402 of the Mechanics' Lien Law of 1963 of the Commonwealth of Pennsylvania in such case provided. IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals this (~4'/'' day of O--~ , A.D., 2001. Signed, Sealed and CONTRACTOR: Delivered in the Presence of: THE NORWOOD COMPANY Monica Smith ThomasJ.~/Mz~ r Administrative Assistant Senior)tice~__~.~ }~nt OWNER: By:. By:. A. Richard Astheimer Senior Vice President Development Operations P,°R--05-2001 16:34 NORI~'OOD COMPI~IY 619 266 06'~5 P.~2~a2 This stipulation is made and intended to be filed with the County Prothonotary in accordance with mlubements of Section 1402 of the Mechanics' Lien Law of 1963 of the Commonwealth of Pennsylvania in such c~se provided. Rq WI'I*I'q'F~S WI-Ill, OF, the snJ. d pa~ties Ilereto have hol~unto set thor h~, ,nd ,,.'s ms ~. +' d,, of /~,l . Ad.. Signed, Sealed nnd CONTRACTOR: Delivered in the Presence of: THE NORWOOD COIVlPANY Monte-', Sunth "~ Adminismniv8 Assistant Senior yice~_.~nt OWNER: A:iuit~x~ Amiarat Smaior Vice President Developmont Operations TDTRL P.E2 Fidelity National Title Insurance Company of New York SCH]~DUL~ A LOT C PLAN BOOK 81 PAGE I1 ALL THAT CERTAIN piece, parcel or tract ofinnd together with all buildings or structures erected thereon being situate in Dickinson Township, County of Cumberland, State of Pennsylvania, being more fully bounded and described as follows, to wit: 'BEGINNING at a concrete monument on the northern line of True Temper Drive, a sixty (60) foot wide right-of-way, said monument being South seventy degrees forty-five minutes twelve seconds West (S 70° 45* 12" W) and one thousand one hundred six and fifty-three hundredths (1106.S3) feet from a concrete monument at the southeast corner of lauds of Allen Distribution Inc., at the western llne of Allen Road (T-687), a sixty (60) foot wide right-of-way; thence along said northern line of Tene Temper Drive South seventy degrees forty-five minutes twelve seconds West (S 70° 4S' 12" W) five and twelve hundredths (5.12) feet to a concrete monument; thence along the right-of-way line of the cul-de-sac portion of Garden Drive by a curve to the right having a radius of fifteen and zero hundredths (15.00) feet, an arc dJsinnee of twenty-two and sixty-eight hundredths (22.68) feet to a concrete monument; thence along the same by u curve to the left having u radius of seventy and zero hundredths (70.00) feet, an are length of one hundred fifty-three and four hundredths (1S3.04) feet to u concrete monument at the western fro~it corner of Lot A of the Preliminary/Final Subdivision Plan of the A.C. Kuhn Tract recorded in Plan Book 81, Page 11 at the Cumberland County Courthouse, Carlisle PA, in the Recorder of Deeds Office; thence along Lot A the following three courses and distances: (1) North fifty-five degrees thirty-two minutes seventeen seconds West (lq 5S° 32' 17" W) a distance of ninety-six and eighty-four hundredths (96.84) feet to an iron pin; thence (2) South seventy-nine degrees twenty-seven minutes forty-three seconds West (S 79° 27' 43" W) a distance ofone thousand nine hundred ninety and eighty-nine hundredths (1,990.89) feet to an iron pin; thence (3) South seventy-six minutes fifty-eight seconds West (S 76° 26' 58" W) a ~lJstance of two hundred fifty and zero hundredths (2S0.00) feet to a concrete monument; thence along lands now or formerly of Helen T. Hobble, North thirteen degrees thirty-three minutes two seconds West (N 13° 33' 02" W) n distance of eight hundred sixteen and six hundredths (816.06) feet to au iron pin; thence along lands now or formerly of Dennis R. & Carol A. Straub, North seventy-three degrees thirty- seven minutes fifty-nine seconds East (N 73° 37' 59" E) a distanee of three hundred thirty-three and seventy-six hundredths (333.76) feet to a concrete monument on the western line of Lot D of the aforesaid Subdivision Plan for the A.C. Kuhn Tract; thence along Lot n South thirty degrees filly-three minutes fifteen seconds East ($ 30° 53' 15" E) a distance of one hundred seventy-two and eight hundredths (172.08) feet to an iron pin; thence along the same North seventy-eight degrees ten minutes twenty-nine seconds East (IN 78° I0' 29" E) n distance of three hundred fifty-nine and sixty-three hundredths (359.63) feet to an iron pin at lands now or formerly of Eric J.& Hope M. Comeau; thence along said lands of Comeeu North seventy-eight degrees ten minutes twenty nine seconds East (N 78° 10' 29" E) a distance of three hundred fifty-six and eighty-nine hundredths (356.89) feet to an iron pin; thence along the same North thirteen degrees seven minutes fifty-four seconds West (N 13° 07' 54" W) a distance of two- hundred forty-four and twenty-three hundredths (244.23) feet to an iron pin; thence along Lots No. 9, 8, and ? of the Final Subdivision Plan for Enola Construction Company recorded in Plan Book 81, Page 11 at the Cumberland County Courthouse, Carlisle PA, in the Recorder of Deeds Office, North seventy-eight degrees nine minutes forty-four seconds East (N 78° 09' 44" E) a distance of one thousand eighty-six end ninety-four hundredths (1,086.99) feet to an iron pin; thence along the latter, Lot 7, North ten degrees thirty-ene minutes eight seconds West (N 10° 31' 08" V0 a dfstanee of thirty-eight and ninety-one hundredths (38.91) feet to an iron I~in; thence along the Lots No. 7 and 6 of the aforesaid Subdivision Plan for Enoin Construction Co., North seventy-nine degrees twenty*eight minutes fifty-two seconds East ( N 79° 28' S2" E) a distance of three hundred ten and zero hundredths (310.00) feet to an iron pin at lands of Alien Distribution Inc.; thence along lands of Allen Distribution, lac** South ten degrees thirty- two minutes seventeen seconds East (S 10° 32' 17" E), a distance of one thousand one hundred ten and six hundredths (1110.06) feet to a concrete monument on the northern right-of-way line of Garden Drive, the Place of BEGINNING. Being the same premises conveyed by Deed of Confirmation from A-C KUHN & SON, INC., a Pennsylvania corporation, ALBERT C. KUHN, et al, (Grantors) dated March 15, 2000 and recorded May 19, 2000 in Deed Book 221 page 584 unto A-C KUHN & SON, INC., a Pennsylvania corporation (Grantee.)