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dlb\rsr\stipulation
April 24, 2000
STIPULATION AGAINST LIENS
ROTHMAN, SCHUBERT & REED,
Owner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND CO., PENNSYLVANIA
v.
HAUBERT HOMES, INC.
: NO. 6JO - ,;sf) fit t-iJ
Contractor
WHEREAS, ROTHMAN, SCHUBERT & REED, a Pennsylvania general partnership, with
a principal place of business located at 308 East Penn Drive, Enola, Pennsylvania 17025, is about to
execute contemporaneously herewith, a contract, with HAUBERT HOMES, INC., a Pennsylvania
corporation, with a principal place of business located at 15 Central Boulevard, Camp Hill, Pennsylvania
17011, for the erection of a building upon premises commonly known as Lot 26 Creekstone, Upper Allen
Township, Mechanicsburg, Cumberland County, Pennsylvania, as set forth in the deed dated
JUN. I, \c;'lI"I , at Deed/Record Book A-~<t , Page \\,.,~ , in the Recorder's Office
for Cumberland County, Pennsylvania, as more specifically described in Exhibit "A" which is incorporated
herein and attached hereto.
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NOW, , 2000, at the time of and immediately before the execution of the
principal contract, and before any authority has been given by the said Owner to the said Contractor to
commence work on the said building, or purchase materials for the same in consideration of the making
of the said contract with Contractor and the further consideration of One Dollar ($1,00), to Contractor paid
by Owner, it is agreed that no lien shall be filed against the building by the Contractor, or any
subcontractor, nor by any of the materialmen or workmen or any other person for any labor, or materials
purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens
being expressly waived.
WITNESS, our hands and seals the day and year aforesaid.
CONTRACTOR:
HAUBERT HOMES, INC.
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SIGNED AND SEALED IN THE PRESENCE OF
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OWNER:
ROTHMAN, SCHUBERT & REED
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dlb\rsr\stipulation
EXHIBIT "A"
Lot 26 Creekstone Manor
Le~al Description
ALL THAT CERTAIN lot of land situate in the Township of Upper Allen, County of
Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, in accordance
to the Final Subdivision Plan for Creekstone Manor (formerly known as Trout Run), Phases II & ill,
dated January 1, 1996, prepared by Hartman & Associates, Inc., and recorded in Plan Book 76, Page
133, viz;
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BEGINNING at a point on the northeastem side of Brunswick Avenue at the southwestern
comer of Lot No. 27 on the Plan of Lots known as Trout Run, Phase I; thence along the western side
of Lot No. 27, North 47 degrees 16 minutes 20 seconds East, 125.00 feet to a point at the southern
line of Lot No. 30 on the Plan of Lots known as Trout Run, Phase I; thence along the said Lot No.
30 and Lot No. 31, North 42 degrees 43 minutes 40 seconds West, 85.00 feet to a point at the
northeastern comer of Lot No. 25 on the above mentioned Plan of Lots; thence along the eastern side
of Lot No. 25, South 47 degrees 16 minutes 20 seconds West, 125.00 feet to a point on the
northeastern side of Brunswick Avenue; thence along the same side of Brunswick Avenue, South
42 degrees 43 minutes 40 seconds East, 85.00 feet to a point, the point and place of BEGINNING.
CONTAINING 10,625.00 square feet or 0.244 acre.
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AND the said Grantee, his heirs and assigns, as a part of the consideration herein, does
hereby agree and covenant with the said Grantor, its successors, and assigns, and with each and
every other purchaser of any lot or lots in the Trout Run Subdivision of the Township of Upper Allen
as shown by plat, recorded in Plan Book 70, Page 137 in the Recorder's Office of the County of
Cumberland, Commonwealth of Pennsylvania, for the faithful performance of the following
conditions, to wit:
That they will not dredge, dump, fill, drain, spray, mow, discharge, degrade, remove
earth, rocks, wood, or vegetation therefrom, operate vehicles of any kind thereon, or
otherwise impair, affect, or alter from its pristine state, that area of land described as
Lots 79 and 81 as depicted on the aforesaid plan.
It is understood, covenanted, and agreed that each and every purchaser of Lots 1 through 78,
and 80, in said subdivision, his successors and assigns, shall be given a deed by the Grantor,
containing these same covenants and conditions; each Grantee covenanting and agreeing with each
and every other purchaser of lots in this subdivision, and with the Grantor herein, that said Grantee
will faithfully observe and perform the aforesaid covenants and agreements; and each and every
purchaser of an lot in said subdivision, including but not limited to, the Grantees of Lots 79 and 81,
and their successors and assigns, is given the right to enforce by any legal means the performance
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dJb\rsr\stipulation
of said covenants and agreements by each and every said purchaser in said subdivision, and their
successors and assigns.
BEING Lot No. 26, on the above mentioned Plan of Lots,
UNDER AND SUBJECT to a portion of a 25 foot drainage easement running along the
rear of the lot, as shown on the above mentioned Plan of Lots.
UNDER AND SUBJECT, nevertheless, to all other conditions and restrictions of record,
if any, as they may appear.
BEING PART OF THE SAME PREMISES which Clepper Farms, Inc., a Pennsylvania
Corporation, by Deed dated June 1,1989, and recorded June 22,1989 in the Office of the Recorder
of Deeds in and for Cumberland County, Pennsylvania in Deed Book A, Volume 34, Page 168,
granted and conveyed unto William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/dIb/a
Rothman, Schubert and Reed, a Pennsylvania general partnership, the Grantors herein.
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