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HomeMy WebLinkAbout04-3893 MORRIS 1. SOLOMON and EVELYN K. SOLOMON, his wife Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. HEISEY CONSTRUCTION, INC. Contractor NO. otf- 3rt3 fYlL-b STIPULATION AGAINST LIENS STIPULATION AGAINST LIENS WHEREAS, Morris J. Solomon and Evelyn K. Solomon, of Cumberland County, Pennsylvania, entered into a contract with Heisey Construction, Inc., a General Contractor of Lancaster County, Pennsylvania, to provide materials and perform labor necessary for construction of an addition and renovations at a residential dwelling located at 524 Colony Road, Camp Hill, Hampden Township, Cumberland County, Pennsylvania. 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 sub-contractor or material man, nor any other person furnishing labor or materials to the said contractor under this contract shall file a 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 the requirements of the Act of Assembly of Pennsylvania, in such case provided. 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 to 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 defects and hereby agrees to this waiver of defects on behalf of any of the Subcontractors, materialmen or suppliers that may provide any labor or materials under the General Contractors Agreement with the owner and who, but for the same, waiver, would be entitled to assert Mechanics Liens against the owners property under the Mechanics Lien 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 providing any labor or material by them to the project and will further provide for a written acknowledgment by each ofthese persons of the Lien Waiver prior to providing any labor or materials to the project. IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals this 4th day of August, 2004. WITNESS: OWNERS GENERAL CONTRACTOR ~~~ ~, pr~sident ------; EXHIBIT "A'~ ALL THAT CERTAIN piece or parcel ofland, situate in the Township of Hampden, County of Cwnberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Colony Road West, which point is at the dividing line between Lots Nos. 179 and 180 on plan of lots hereinafter mentioned; thence North 54 degrees 14 minutes West and along the dividing line between Lots Nos. 179 and 180 on plan of lots hereinafter mentioned, a distance of 171.85 feet to a point on the eastern line of Lot No. 177 on plan of lots hereinafter mentioned; thence North 03 degrees 25 minutes 20 seconds West and continuing along the eastern line of Lot No. 177 on plan oflots hereinafter mentioned, a distance of 12.9 feet to a point; thence North 20 degrees 38 minutes East and along the part ofthe eastern line of Lot No. 186 on plan oflots hereinafter mentioned, a distance of 3.87 feet to a point at the dividing line between Lots Nos. 180 and 181 on plan of lots hereinafter mentioned; thence South 86 degrees 04 minutes East and along the dividing line between Lots Nos. 180 and 181 on plan of lots hereinafter mentioned, a distance of 155.87 feet to a point on the western line of Colony Road; thence along the western line of Colony Road on a curve to the left whose radius is 175 feet, an arc distance of 63.55 feet to a point; thence South 35 degrees 46 minutes West and along the western line of Colony Road West a distance of 55. 51 feet to a point, the point and place of BEGINNING. HAVING erected thereon a two story dwelling known and numbered as 524 Colony Road. BEING Lot No. 180 on plan of lots known as Part of Country Club Park, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 22, Page 138. ~ ~ --, v, '"f::, ? o<:J' ~ G ......, v\. f' '"'- 0 c 'l.) ~ ~ 9- i-J DJ c '-+- <> , r- r "!\ ~'!. r--.? ~/l ,~"1 ,;; ~ :',', Donald T. Kissinger, Esquire HOWETT. KISSINGER. CONLEY & HOLST, P.c. t30 Walnut Street. P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for ptaintiff Rene A, Magaro IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) ) ) ) ) ) ) NO. 2005-3893 CIVIL TERM RENE A. MAGARO, Plaintiff RICHARD D. MAGARO, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for divorce: Irretrievable breakdown under g3301(c} of the Divorce Code, 2. Date and manner of service of the complaint: Service accepted by Defendant on August 3, 2005; Acceptance of Service filed on September 14,2005. 3. Date of execution of the affidavit of consent required by g3301(c) of the Divorce Code: by plaintiff, February 2,2006; by defendant, November 9, 2005. 4. Related claims pending: No related claims pending. 5. Date plaintiffs Waiver of Notice in g3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in g3301(c) Divorce was filed with the prothonotary: December 1,2005. Date: /L'/;// / , () (JVJ , Donald T. Kissinger, Esquire HOWETT, KISSINGER, CONL Y & HOLST. P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rene A. Magaro ~1 \."'"1 c.-:} - ,;;:- -:,-, (?