HomeMy WebLinkAbout02-5530CHARLES H. DISSING! and
HELEN A. DISSINGER
Owner ) In the Court of Common Pleas. County of CUMBERLAND
HAUBERT HOMES, INC. t . Pennsylvania
Contractor N um ber~~J~Ter m, 19
WHEREAS. Charles H. Dissinger and Helen A. Dissinger
of 16589 Bear Cub Court, Ft. Myers, Florida 33908
XX~.
is about to execute contemporaneously herewith, a contract, with Haubert Homes, Inc.
of 15 Central Blvd., Camp Hill, Pennsylvania.
Ibr the erection of a two story building upon a lot of land situate
on Lot No. 53, as shown on the Final Subdivision Plan for
Ashcombe Farms North, including Creekstone Manor (formerly
known as Trout Run), Phases III, Lots 50-53, dated June, 1998,
Upper Allen Township, Cumberland County, Pennsylvania,
more particularly described on the attached Exhibit "A".
NOW, NOV. 14, 2002 ~ , at the time of and immediately before the execution of the prin-
cipal contract, and before any authority has been given by the said Charles E. Dissinger and
Helen A. Dissinger tothesaid Haubert Homes, INc.
to commence work on the said building, or purchase materials for the same in consideration of the making of the said
contract with Haubert Homes, Inc.
and the further
consideration of One Dollar. to Haubert Homes, TNc' paid
by Charles H. Dissinger & Helen A. Dissinger , 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 hands and seals the day and year
ALL THAT CERTAIN piece or parcel of land situate in Township of Upper Allen, County
of Cumberland, Commonwealth of Pennsylvania, as shown in accordance to the Final Subdivision
Plan for Creekstone Manor (formerly known as Trout Run), Phases I/and III, dated January 1, 1996,
prepared by Hartman & Associates, Inc., and recorded in Plan Book 76, page 133, more particularly
bounded and described as follows, to wit:
BEGINNING at a point on the southwestern line of Merrimac Avenue at the line of Lot No.
52 on the above-mentioned Plan of Lots; thence along the said dividing line, South 47 degrees I6
minutes 20 seconds West, 125.00 feet to a point at the comer of land now or formerly of Carl L. and
Sally Gatli; thence along the line of said lands and Lot No. 14 on the above-mentioned Plan of Lots,
South 42 degrees 43 minutes 40 seconds East, 85.00 feet to a point on the dividing line of Lot No.
14 and Lot No. 54; thence along the line of Lot No. 54, North 47 degrees 16 minutes 20 seconds
East, 125.00 feet to a point on Merrimac Avenue, thence along Men'imac Avenue, North 42 degrees
43 minutes 40 seconds West, 85.00 feet to a point, the point and place of BEGiNNING.
CONTAINING 10,625.00 square feet or 0.243 acres.
BEING LOT NO. 53 on the above-mentioned Plan of Lots.
BEING pan 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 o fthe Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Deed Book A, Vol. 34, page 168, granted and conveyed
unto William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/d/b/a Rothman, Schubert and
Reed, a Pennsylvania general partnership, the Grantors herein.
AND the said Grantees, their: heirs and assigns, as 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 Nos. 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 pumhaser of any lot in said subdivision, including but not limited to, the Grantees of Lots 79
and 81, and their successors and assigns, is given the fight to enforce by any legal means the
performance of said covenants and agreements by each and every said purchaser in said subdivision,
and their successors and assigns.
TOGETHER with all and singular the buildings, improvements, ways, woods, waters,
wa[ercours?, rights, liberties, privileges, hemditaments and appurtenances to the same belonging
or m anywise appertaining; and the revision and revisions, remainders, rents, issues and profits
thereof, and of every part and parcel thereof; and also all the estate, right, title, interest, use,
possession, property, claim and demand whatsoever of the Grantor both in law and in equity, of, in
and to the premises herein described and every part and parcel thereof with the appurtenances. To
have and to hold all and singular the premises herein described together with the hereditaments and
appurtenances unto the Grantees and to Grantees' proper use and benefit forever.
EXHIBIT