HomeMy WebLinkAbout99-02449
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STIPULATION AGAINST LIENS
JAY R. NELSON and
PATRICIA F. REISSER,
Owners
v.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
TERM 1999 - ;;),L1Lf9 rrl/..JJ (LC~
NO.
HAUBERT HOMES,/NC., a
Pennsylvania Corporation,
Contractor
WHEREAS, JAY R. NELSON AND PATRICIA F. REISSER, of 1715 Peyton Randolph
Court, New Curnberland, Cumberland County, 17070, Owner, are about to execute a contract,
conternporaneousIy herewith, with HAUBERT HOMES, INC., Contractor, with a principal
place of business located at 15 Central Boulevard, Camp Hill, Cumberland County, Pennsylvania
170 II, for the erection/renovations upon a lot ofIand known as Tax Parcel # 42- I 1-0276-152
and also being known as Lot # 15 on the final Subdivision Plan for Creekstone Manor (formerly
known, as Trout Run) Phases II and III. dated January I, 1996, prepared by Hartman and
Associates, Inc. and recorded in Plan Book 76, Page 133, and which is rnore particularly
described on Exhibit" A" attached hereto and made a part hereof.
NOW,this 2 'v,) dayof iLlo/./ ,1999,atthetimeofandirnmediately
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before the execution of the principal contract, and before any authority has been given by the said
Owner to the said Contractor, to comrnence work on the said building, or purchase rnaterials
for the same in consideration of the making of the said contract with the Contractor and the
further consideration of One ($1.00) Dollar and other valuable considcrations, receipt of which
is hereby acknowledged, to the Contractor paid by the Owner, it is agreed that no lien shall bc
filed against the building by the Contractor, or any sub-Contractor nor by any of the material
men or workrncn or any other person for any labor, or materials purchased, or extra labor or
materials purchased for the erection/renovations to said building, the right to file such liens being
expressly waived.
WITNESS our hands and seals the day and year aforesaid.
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WITNESS:
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J R. ELSON, Owner
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PATRICIA F. REISS R, Owner
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HAUBERT HOMES, INC.
By:
Authorized Representative,
Contractor
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ALL THAT CERTAIN lot of land in the Township of Uppcr Allen, County of
Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, in
accordance to the Final Subdivision Plan for Crcekstonc Manor (formcrly known as Trout Run),
Phascs II & III, datcd January 1, 1996, prcpared be Hartman & associatcs, Inc., and rccorded in
Plan Book 76, Page 133, viz:
BEGINNING at a point on the southwestcrn side of Merrimac Avenue at the
northwestern corncr of Lot No. 14 on thc above mentioncd Plan of Lots; thcnce along the
western side of Lot No. 14, South 64 degrees 16 minutes 20 seconds West, 125.00 fect to a point
at castcrn side Iinc of Lot No. 34 on the Plan of Lots known as Trout Run, Phase I; thcnce along
the said Lot No. 34, North 25 degrces 43 minutes 40 seconds West, 60.00 fect to a point at the
northeastcrn corncr of Lot No. 16 on the above mentioned Plan of Lots: thcnce along thc eastern
side of Lot No. 16. North 44 degrees 17 minutes 2 I seconds East, 131.52 feet to a point on thc
southwestcrn side of Merrimac Avcnue; thence along the same side of Merrimac Avenue, by a
curve to the right having a radius of200.00 feet and an arc length of23.67 feet to a point; thence
along the southwcstern side of Merrimac Avenue, South 25 degrees 43 rninutcs 49 seconds East,
81.33 fect to a point, the point and place of BEGINNING.
CONTAINING 10,329.43 square fcct.
BEING Lot No. 15, on the above mentioned Plan of Lots.
UNDER AND SUBJECT to a portion of a 25' drainage easement running along the
South side of said lot, as shown on the abovc mentioned plan.
BEING PART OF THE SAME PREMISES which Clcpper Farms, Inc., a
Pcnnsylvania Corporation, by Deed dated June 1, 1989, and recorded Junc 22, 1989, in the
Office of the Recorder of Deeds in and for Cumberland County, Pcnnsylvania in Deed Book
A, Volurne 34, Page 168, granted and convcyed unto William F. Rothrnan, Charles F. Schubert
and Samuel L. Reed, tfd/b/a Rothman, Schubert and Reed, a Pennsylvania general partnership,
the Grantor herein.
AND the said Grantee, his heirs and assigns, as a part of the consideration herein, does
hereby agrce and covenant with the said Grantor, its succcssors, and assigns, and with each and
every other purchascr of any lot or lots in the Trout Run Subdivision of thc Township of Uppcr
Allen as shown by plat, recorded in Plan Book 70, Page 137 in the Recorder's Office of the
County of Curnberland, Cornmonwealth of Pennsylvania, for the faithful performance of the
following conditions, to wit:
That they will not dredge, dump, fill, drain, spray, rnow, discharge,
degradc, rcmove earth. rocks, wood. or vegetation therefrorn, operatc vehicle of
any kind thereon, or otherwise impair, affect, or altcr from its pristine state, that
area of land dcscribed as Lots 79 and 81 as depicted on the aforesaid plan.
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