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CHRIS LUBOLD, and IN THE COURT OF COMMON PLEAS
MARY ALIN WONG LUBOLD, his wife, CUMBERLAND COUNTY, PENNSYLVANIA
(OWNER) : NO. ~j- L/d(e(o
vs.
McNAUGHTON HOMES, :6045 WESTBURY DRIVE, ENOLA
(CONTRACTOR) CUMBERLAND COUNTY, PENNSYLVANIA
STIPULATION AGAINST LIENS
WHEREAS, Chris Lubold and Mary Alin Wong Lubold, the OWNER of the real estate described
below, has or is about to execute a contract with McNaughton Homes whose principal
business address is 4400 Deer Path Road, Suite 201, Harrisburg ,Pennsylvania, to construct a
single family tlwelling upon lands situate at 6045 Westbury Drive, Enola, Cumberland County, Pennsylvania,
and more particularly bounded and described on Exhibit "A" attached hereto and made a part hereof; and,
NOW, THEREFORE, this a~J day of JM~ 2001, before any authority had been given
by McNaughton Homes to commence work on said facilities, or purchase materials for same,
in consideration of making of the above-described Contract with Chris Lubold and Mary Alin Wong Lubold,
Owner, and in further consideration of One ($1.00) Dollar paid to the general contractor by Chris Lubold and
Mary Alin Wgng Lubold, Owner, the receipt whereof is hereby acknowledged, it is agreed that no liens or
claims shall be filed or maintained against the Owner's facilities and the land above-described, or upon Chris
Lubold and Mary Alin Wong Lubold, the Owner, by the general contractor, or any of its subcontractors, or
by any of the materialmen or workmen, or any other person acting through or under them, for or on account
of any labor, or materials purchased, or extra labor or materials purchased for, towards, in or about the
erection, construction, design and improvement of said facilities, under said contract or otherwise, the right
to have, file and maintain such liens or claims against the facilities, the land above-described, and Chris
Lubold and Mary Alin Wong Lubold, the Owner, being hereby expressly waived by the general contractor for
itself, its subcontractors, all materialmen, or workmen and other acting through or under them.
IN WITNESS WHEREOF, each of the parties by their duly authorized representatives have hereunto
executed the Stipulation Against Liens this ~Z day of cl~. , 2001.
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C T CTOR:
McNaughton Homes
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p , p ituate in Hampden Township, Cumberland
"~ ALL that certain iece azcel or lot of land s
County, Pennsylvania, and bounded and described as follows:
$EGINNII~TG at a point on the Eastemnght-of--way line of the cul-de-sac on Westbury
Drive (50.00 feet wide), said point being,located at the Southwestern comer of Lot No. 74; then
along the Southern boundary line of Lot No. 74, and along the centerline of a 20.00 foot wide
drainage easement, South 81 degrees 47 minutes 45 seconds East, for a distance of 121.29 feet,
to a point in line of area designated as "Common Open Space' ;then along said Common Open
Space, and through said 20.00 foot wide drainage easement, South 07 degrees 22 minutes 22
seconds East, for a distance of 72.87 feet, to a point; then South 51 degrees 41 minutes 25
seconds West, and passing through a 30.00 foot wide sanitary sewer easement, for a distance of
191.91 feet, to a point at the Southeastern comer of Lot No. 76; the along the Eastern boundary
line of Lot No. 76, through a 20.00 foot wide drainage easement, and along the centerline of said
30.00 foot wide sanitary sewer easement, North 07 degrees 28 minutes 35 seconds West, for a
distance of 167.52 feet, to a point on the Southemnght-of--way line of the cul-de-sac on
Westbury Drive (50.00 feet wide); then along said right-of--way line on the arc of a circle curving
to the left, having a radius of 50.00 feet, and an arc length of 64.86 feet, and passing through a
20.00 foot wide drainage easement, to a point and the place of BEGINNING.
This piece, pazcel or lot of land consists of approximately 22,312.62 squaze feet of land, and is
known and numbered as Lot No. 75 on the Final Subdivision Plan for Westbury -Phase V,
which is recorded in Cumberland County in Plan Book 77, Page 97.
UNDER AND SUBJECT TO:
(a) Any and all easements, licenses, exceptions, reservations, covenants,
agreements, conveyances and restrictions which affect the premises and
are visible by inspection of the premises. ~
(b) Any and all easements, licenses, exceptions, reservations, covenants,
agreements, conveyances and restrictions contained in any and all prior
agreements, leases, deeds, grants and conveyances affecting the premises.
(e) Plan notes prohibiting the construction of any structure (other than a fence,
uncovered steps and entrance canopies -- not greater than 3 feet in
depth and 6 feet in width) within any 50 foot buffer yazd shown on the
subdivision plan of record.
(d) The Declaration of Covenants and Restrictions which is recorded in the
office of The Recorder of Deeds for Cumberland County in Miscellaneous
Book 637, Page 428, as may be applicable to the premises.
$EING PART OF THE SAME PREMISES which Jean I. Cignetto, widow,
of 32 Bali Hai Road, Mechanicsburg, Cumberland County, Pennsylvania, by
Deed dated March 21, 1990, and recorded in Cumberland County in Book
L34, Page 954, conveyed to T1ie~IvlcNaughton Company, a Pennsylvania
Corporation, Grantor herein.
TOGETHER with all and singular the Streets, Alleys, Passages, Ways, Waters;
Watercourses, Rights, Liberties, Privileges, Hereditaments and Appurtenances whatsoever
thereunto belonging or in anywise appertaining, and the Reversions and Remainders, Rents,
T--•--~ ~~a n_„c,.~ +wo.P„f ,n,t all }t~P. F.cTatP, n V}it. title. 1ntel6St. DIODertV, claim and demand