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HomeMy WebLinkAbout02-1318~L~R-12-2002 i5:38 ATTORNEY REED 717 238 8469 P.02 To The Prothonotary: (a) Index in name of Contractor as Defendant a~d OWNERS as Plaintiffs. (b) Index in name of Contractor as Plaintiff and OWNERS as Defendant. IN THE, COURT OF COM~)N PLEA~ NORMAN ELAM Contractor v. MICP2%EL F. WACK~R and ALISA A. TRA~ Owners OF C~E~ COUNTY, pENNSYLVANIA : , Civil Action - Law : No. 0.l - 131]s f)q~ : Mechanics' ' Lien Docket : : No. Page STIPULATIONS AGAINST MECHANICS' LIENS WHEREAS NORMAN ELAM entered into a contract with MICHAEL F. WACKER andALISA A. TRAN, to provide materials and/or to perform labor necessary for the construction and erection or the alterationand repair of (a) building(s) upon those certain pieces or Parcels of land situated in Monroe Township, Cumberland County, Pennsylvania, being more particularly bounded and described on Exhibit 'A", attached hereto and incorporated herein by reference.. NOW, THEBEFORE, IT IS HEREBY STIPULATED ANDAGREED 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 furnishing labor or materials to CONTRACTOR or the said sL~bcontractors 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 MAR-12-2002 i5:38 ATTORNEY REED 7i? 238 8469 P.03 assert against the pren%lses above described by reason Of any materials or labor furnished or to be furnished in and about the. erection, construction and completion ofthe 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 te~ms 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. This Stipulation is made and intended to be filed with the Prothonotary of Cu/6oerland 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. IN WITNESS WHEREOF, CONTRACTOR and OWNERS have caused this Stipulation Against Mechanics' Liens to be properly executed this /.~ day of ~ , 2002. In the presence of: NORMAN EI~wl MICHAEL F. WACKER ALISA A. TRAN TOTAL P. 03 AJ~L THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, and more particularly identified as follows: BEGINNING at a point along the southern right of way line of Meadow Lane (50 feet dedicated right of way) on the dividing line of Lot No. 4 and Lot No. 6 of the aforementioned Plan; thence along said Meadow Lane (50 feet dedicated right of way) North 89 degrees 03 minutes 33 seconds East a distance of 200.00 feet to a point at the dividing line of Lot No. 2 and Lot No. 4 of said Plan; thence along said dividing line South 00 degrees 56 minutes 27 seconds East a distance of 531.43 feet to a point; thence South 40 degrees 44 minutes 03 seconds West a distance of 106.34 feet to a point; thence North 49 degrees 15 minutes 57 seconds West a distance of 173.10 feet to a point on the dividing line of Lot No. 4 and Lot No. 6 of said Plan; thence along said dividing line North 00 degrees 56 minutes 27 seconds West a distance of 495.77 feet to a point on the southern right of way line of Meadow Lane (50 feet dedicated right of way or the dividing line of Lot No. 4 and Lot No. 6 of said Plan). The point and place of BEGINNING. LOT NO. 4 on the Final Subdivision Plan for LISBURN MEADOWS ESTATES - NORTH, Phase I, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 77, Page 37 et. seq. SCHEDULE ~A#