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HomeMy WebLinkAbout12-5503 • ~~y~~ ~'ROTC~flt~fT;~~`~'. 1~I2 SEP -S AN 11» 4Z fat~M~RLAND COUNTY TAX PARCEL ~ 22-12-0352-037 P~NNS YLVAN! A Lot p fo9/csburg, PA 17055 Monroe Townshlp, Cumberland County JAS E. ~ t~tMAN Sa ARLENfE E. B>IIRMAN Husband and wife IN THE COURT OF COMMON PI4.EA$ OF CUMBERLAND COUNTY, PENN~YLVANlA Owner n~ vs. NO. , S~~ BERACAH BUILDERS, LLC Generat Contra'c#or STIPULATION AGA~~t~T LIENS WHEREAS, JAMES E. BOSSERMAN AND ARLENE E. fiOSSERMAN, HUSBAND AND WIFE, are about to execute contemporaneously herewith, a contract with BERACAH BUILDERS, LLC, for the erection of asingle-family dwelling upon ALL THAT CERTAIN TRACT of land, situate in the in the Township of Monroe, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, tb wit: BEGINNING at a concrete monument set on the comer of lot ~~Io. 2-A ~ .nd. ~ on dedicated right-of--way line of Lucinda Lane, thence departing from Lot No. 2-A end following along Lucinda Lane, South twelve (12) degrees fifty-six (56) min es seventeen (17) seconds East, a distance of two hundred nineteen and one hundre th (219.01) feet to corner of lands now or formerly o: rr~uik P., Jr. and Paola J. Sm th, thence along Smith lands and lands now or formerly of Nl. Ruth Chubb, South seve ty- six (76) degrees twenty-eight (28) minutes ten (10) seconds West, a distance of f ur hundred sixty and thirty-seven hundredths (460.37) feet to an iron pipe and cap foun at the comer of lands now or formerly of Terry M. and Mary Jane Jones, thence al ng Jones lands North twelve (12) degrees fifty-six (56) minutes seventeen (17) seconds West, a distance of two hundred nineteen and one htu~dr,~dth (219.01) feet to a point to corner of 's.,ot ~To. 2-A, thence continuing along Lot No. 2-~~ Nt+r~h sevent}~-sic ("76) degrees twenty-eight (28) minutes ten (10) seconds East, a distance of .four hundred sixty and thirty-seven hundredths (460.37) feet to concrete monument, said point being jthe place and point to BEGINNING. CONTAINING 2.3146 acres and being designated a.~ Lot No. 2-B in accorda#~c~; with a final subdivision plan of Duffield Crossing P1ra.~;e III, Lc~t No. 2 for Harrv H. Fox, Jr., prepared by Mellott Engineering, Inc. oi' 7500 Devo~ishire Heights Road, Hummelstown, PA 17036, and recorded on October 26, 2010, to instrument num r 201030628 in the Office of the Recorder of Deeds in and for Cumberland Cou t)J, Commonwealth of Pennsylvania. d Q ~~!-t. ~ P 3 a~ ~ $ oaaq BEING THE SAME PREMISES which Harry H. Fox, Jr. and Ann G. F1ox, husband and wife, by their Deed dated November 23, 2010 and recorded November 30, 2010 in the Office of the Recorder of Deeds in and for Cumberland Co ty, Pennsylvania, in INSTRUMENT NUMBER 201034866 granted and conveyed to James E. Bosserman and Arlene E. Bosserman, husband and wife. NOW, THEREFORE, it is hereby stipulates! and apresd by and between the partiesj, as part of said contrail, and for consideration therein set forth, that neither the undersigned Cor~trailor, nor any subcontrailor or materialmen, nor any other person furnishing labor or materials to the Contractor under the subject contract shall file a lien for work performed, or materials famished to the building or any part thereof. The General Contractor hereby agrees to waive any defeils in the filing and indexing ¢f 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 wiN not contest the validity of the lien waiver based upon any such defeil, 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 ©f the den waiver o all subcontractors, materialmen, and suppliers prior to the prow' r~# any labor of mdi b~ 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 to the project. IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals the day and year aforesaid. WITNESS: S E. N r ARLENE E. ~S$~RI~AAN Ow r BERACAH BUILDERS, LLC General Contractor BY: SCOTT INL GAN COMMONWEALTH OF PENNSYLVANIA. SS. COUNTY OF Q On this, the ~ 1 day of 2012, before m~, a Notary Public, the undersigned officer, ersonally appeared JAMES E. BOSSERMAN AND ARLENE E. BOSSERMAN, husband and wife, known to me, or satisfactorily proven, to be the persons whose names aze subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal COMMONWEALTH Of PENNSYLVANIA Notarial Seal Brian C. Unsenbach, Notary Public oa~buro Born, York G~ NOT LIC My CpnfrMaalon March 11, 2015 MEMlER, PENNSYLVANIA AS50CIATION OF NOTARIES COMMONWEALT OF PENNSYLVANIA SS. COUNTY OF . On this, the day of 2012, before mepp a Notary Public, the undersigned o er, personally appeared SCO~'T MILLIGAN of BERACAH BUILDERS, LLC, known to me, or satisfactorily proven, to be the person whose name is subscribed to the within instrument, apd acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial eal. COMMaVWEALTH OF PENNSYLVANIA Notarial seal NOTARY PUBLIC Brian C. Unsenbach, Notary public Dillsburg 8orv, York County MY CgRUrMaeioo March 11, 2015 MEM~t, PEfNi.SY1.VANL1 ASSOCGTtON ~ NOTARIES