HomeMy WebLinkAbout00-02889
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APR. -24' OOIMONj 1333
ADLER & CLARAVAL.....
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TEL:7!7 2341670
P. 002
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James R. Preakey and Caren R.
Breakey,
Owner,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
Wheatland Custom Homes,
Contractor,
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NO, ()6 ~ c:2 88 9 fJltL])
~TIPULATIQN AGAINST LIENS
WHtKtAli, James 1(. lSreakey and Caren K. lSreakey, of l"ennsylVaf\la, IS about
to execute contemporaneously herewith, a contract with Wheatland Custom Homes of 447
Granite Run Drive, Lancaster, Pennsylvania, for the erection of a dwelling upon a lot of land
~ituatp. as follows;
ALL THAT CERTAIN parcel of land situate in Hampden Township, Cumberland
County, Commonwealth of I'ennsylvania, more particularly bounded and described to wit:
BEGINNING at a point on the eastern righto()f.way line of Valleybrook Drive at
the dividing line between Lot No. 32 and Lot No, 33 as shown on the hereinafter mentioned
plan of lots; thence along said dividing line South 56 degrees 26 minutes 45 seconds East, a
distance of 120.86 feel to a point; thence South 37 degrees 29 minutes 18 seconds West, a
distance of 160.83 feet to a point at the 50 feet easement as shown on said plan; thence by
a curve having a radius of 352.00 feet an arc length of 16.91 feet to a point; thence North 56
degree~ 27 minutes 25 seconds West, a distance of 82.90 feet to a point; thence by a curve
having a radius of 10.00 feet an arc length of 15.71 feet to a point on the easre,rn right-at-way
line of Valleybrook Drive; thence along the said right-i)f-way line of Valleybrook Drive North
33 d~l!r~". 32 lIIillUlt:ll 35 .~"o"d~ E<I~t, <I t1i~k1I1"" uf 150.00 f~~llu" fXJilll, ~<litl fJoinl b~inll
the Plac!! of BEGINNING.
THE ABOVE.DESCRIBED TRACT BEING KNOWN AS Lot No. 33 of the Final
Subdivision Plan of Hampden Hearth . Phase V recorded in the Cumberland County
Courthouse In Plan Ilook 59, Page 111. I he above described tract containing 18,438.85
square feet, more or less.
THE ABOVE DESCRIBED-TRACT BEING SUBJECT 1'0 v..liuu. "",,,,",,"1. ur
record as indicated on the above-referenced Subdivision Plan.
UNDER AND SUBJECT to an unnamed stream, a 60-toot drainage easement
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APR. -24' OOIMON) 13:33
ADLER & CLARAVAL
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TEL:7!7 2341670
centered on existing unnamed stream and a 100-year flood limit, all of which run along the
eastern portion of said lot.
BEING THE SAME premise which H 5 SelVice Corporation, Trustee for
Hampden Hearth Joint Venture, a joint venture of H S SelVice Corporation and Equlco Realty
Group, by their deed dated April 14, 2000 and to be recorded simultaneously herewith,
granted and conveyed unto James R. Breakey and Caren It Breakey, husband and wife,
MORTCACORS horoin.
NOW, the :1-"6 ~ day of April, 2000, at the time of and immediately before
the execution of the principal contract, and before any authority has been given by the said
James R, Breakey and Caren R. Breakey, to the said Wheatland Custom Homes to commence
work on the said building, or purchase materials for the same in consideration of the making
of the said contract with Wheatland Custom Homes and the further consideration of One
DolI"r, ~o Wh"aLI'lIIu CU~~OIl'l Homes paid by Jallles R. Breakey and Caren R. Breakey, it is
agreed that no lien shall be filed against the building by the contractor, or any sub..contractor,
nor by any of the material men 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 hand and seals the day and year aforesaid.
SIGNED, SEALED AND DELIVERED
IN THE PRESEN E OF
OWNER:
~~,rvCt
Ja7t:iZ .
Caren R. Bre3ke~
CONTRACTOR:
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p, 003