HomeMy WebLinkAbout99-02874DAVID L. and JANET R. YOUNG,
his wife, KATHLEEN A. RITTNER
and JANICE E. RITTNER, as their
interests may appear, Fee Simple
Owners and WHELAN ASSOCIATES,
L.P., a Pennsylvania limited
partnership, Equitable Owner
V.
YINGST HOMES, INC., a
Pennsylvania corporation,
Contractor
and
FOLLMER EXCAVATING, INC.,
a Pennsylvania corporation,
Contractor
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. M.L.D. 1999
STIPULATION AGAINST LIENS
WHEREAS, David L. and Janet R. Young, husband and wife, of 5236
Meadowbrook Drive, Mechanicsburg, Pennsylvania 17055; Kathleen A. Rittner of 12
Muirs Court, Alexandria, Virginia 22314; Janice E. Rittner, as heir to Ernest L. Rittner,
of 39 Mountain Lane, Enola, Pennsylvania 17025, the fee simple title owner; and
Whelan Associates, L. P., a Pennsylvania limited partnership, the equitable owner
(collectively the "Owner"), have executed or are about to execute contemporaneously
herewith a contract with Yingst Homes. Inc.. a Pennsylvania corporation, with a
business address of 7100 Fishing Creek Valley Road, Harrisburg, Pennsylvania, and
with Follmer Excavating, Inc., a Pennsylvania corporation, with a business address of 6
Summit Drive, Dillsburg, Pennsylvania (the "Contractors"), for construction of a single
family townhouse and single family home project known as Whelan Crossing on, and
other improvements to (collectively the 'Improvements"), a tract of land located on
Wertzville Road, situate in Hampden and East Pennsboro Townships, Cumberland
County, Pennsylvania, more particularly described on Exhibit A attached hereto,
incorporated herein by reference and made apart hereof (the "Premises").
NOW, May 10, 1999, before any authority has been given by the Owner to the
Contractors to commence work on the Improvements, or to purchase materials for the
same, or to enter into any contracts with any subcontractors or material men, or to
authorize any purchases by or through any subcontractors or material men, in
consideration of the making of said contract with the Owner and the further
consideration of One ($1.00) Dollar, to Contractors paid by Owner, and with the intent
of all parties to be legally bound hereby, it is agreed that no lien shall be filed against
the Improvements, the Premises, or any part thereof, by the Contractors or any
subcontractors, or 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
Improvements to the Premises (including hereafter changes made thereto), the right to
file liens being expressly waived.
It is the full intent of the Contractors, for themselves and for any subcontractors
or material men claiming for themselves, or by, through or under the contract or the
Contractors, that the right to file a mechanic's lien, under the provisions of law and/or of
Acts of Assembly in such cases made and provided, for work done or materials
furnished in and about the construction of the Improvements to the Premises is hereby
waived.
IN WITNESS WHEREOF, Owner and Contractors have executed this Stipulation
Against Liens the day and year first above written.
WITNESS:
OWNER:
Young, A orized ent
for all Fee Simple Owners and
Equitable Owner
CONTRACTORS:
Yingst Homes, Inc.
l1
By:
Richard E. Yingst, J President
Follmer Excavating, Inc.
Q?'? ??<.<-L'?. _ Bye' h•
c (Jim Fo Imer, President
WHELAN CROSSING, PHASE V & IX
ALL THAT CERTAIN lot or tract of land situate in East Pcnnsboro
't'ownship, Cumberland County, Commonwealth of Pennsylvania more
particularly bounded and described as follows, to wit:
BEGINNING at a point at the dividing line of I_ot #29, Wltclan
Crossing, Phasc V and Lot # 186, Whelan Crossing, Phase Vlt, said point
also being the dividing line of Last Pcnnsboro Township and I tampden
-Township;
THENCE by line of land now or formerly of Barry L'. Dcrick North 60
degrees 20 minutes 51 seconds East 72.89 feet to an iron pipe;
Thence by line of land now or formerly of Michael J. Tropolsi and land
now or formerly of Nancv L. Coulson and William E. I Iazrard, Jr., South
57 degrees 32 minutes 40 seconds Last 509.10 feet to a point; 'Thence
by Lot #23, Whelan Crossing (future phases Xl) South 08 degrees 36
minutes 27 seconds West 131.76 feet to a point on the northern
right-of-way line of Jenkins Grove; Thence crossing over Jenkins Grove
South 09 degrees 19 minutes 03 seconds East 53.18 feet to a point on
the southern right-of-\vay line of Jenkins Grove; Thence by the dividing
line of Lot #43, Whelan Crossing (future phases XI)Sou1h 12 degrees 46
minutes 44 seconds West 65.00 feet to a point; 'T'hence by same South
19 degrees 07 minutes 32 seconds West 34.87 feet to a point; 'I'licnce
by same South 72 degrees 39 minutes 04 seconds I _ast (35.18 feet to a
point; Thencc by Lot #44 and I_ot #45, Whelan Crossing (future phase
Xl) South 25 degrees 18 minutes 03 seconds Bast 127.77 feet to a
point; Thence by line of Lot #46 and #47, Wltclan Crossing (future
phase Xl) Sot.tth 07 degrees 41 minutes 21 seconds West 12(i.41 feet
to a point; 'T'hence by line of Lot #48, Lot #49, Whelan Crossing (future,
phase XI) South 24 degrees 47 minutes 41 seconds West 168.50 feet to
a point:
Page 2, Pllase V & I.\
't'hence by line of I_ol #2, and 1_0l # 1, Whelan Crossing, I'hase I and it
Norlh 67 dcgrccs 46 minutes 18 seconds West 138.08 feel to a point
on the dividing line of I-ast Pennshoro'T'ownship anci I Iampden
Township; 'I'llcnce along 1110 'T'ownship dividing line and other lands of
Whelan Crossing, Phases 1, II, IV, VII, crossing over Caissons Cowl
Cul-de-sac and line of other lands of Whclan Crossing, Phase Vil North
22 degrees to minutes I I seconds West 947.22 feet to a point, the
piece ofheginning
CONTAINING 5.7892 acres.
BEING Phase V and I.\ of Whelan Crossing, Recorded in Plan Book
-1-8, Pagc 100 ",R 108 A.
95-029
WHELAN CROSSING, PI-IASB VIII
ALL TIIAT CERTAIN lot or tract of land situate in i farnp(len
't'ownship, Cumberland County, Commonwealth of Pennsylvania more
particularly bounded and descrilwd as follows, to wit:
BEGINNING at a point on file northern dedicated right-of-way line of
Caissons Court, at 1110 dividing line of Open space 3 and Lot # 172;
THENCE by the northern right-of-wav line and Open Space 3 North 50
degrees 50 minutes 51 secorxls Fast 28.69 feet to a point; 'il-fence
crossing Caissons Court and by line of land Of Whelan Crossing, Phase
\RI South 39 dcgrccs 01) rllinulcs 09 seconds 1?ast 185.00 feet to a
point; 'Thence by line of land of Whelan Crossing, Phase IV and Phase
VI South So dcgrccs 50 minulcs 51 seconds West 156.54 feet to a
point; 'T'hence I)y land of \vhclan Crossing, Phase VI South (3(3 degrees
22 MMU1CS 52 seconds West 78.67 feet to it I)Oinl; Thence by line of
Other Lands of Whelan Crossing and crossing over Darius Drive South
75 degrees 21 minutes 04 seconds West 239.02 feet to a point:
'11-fence by the western right-of-\,vay line of Darius Drive North 14
dcgrccs :38 minutes (3 seconds West 89.5:3 feet to a point: 'I'1)cnce
same by a curve to the left having a radius of 15.00 feet and an arc
length of 21.13 feet to a point on the southern right-of-way line of
Caissons Court; Thence by said right-of-way line of Caissons Court
South 84 degrees 39 minutes 1:3 seconds \Vest 103.:37 feet to a point;
't'hence crossing over Caissons Court and line of lands now or forrnlerly
of Charles I iubbard North on degrees 18 minutes 59 seconds West
151.53 feet to a pipe; 'Thence by line of lanes now or formerly of Barry
H. Dericlc North (30 degrees 20 minutes 51 seconds Last :31)(3.25 feet to
a point; "Thence by line of Land of Open Space :1 South 39 degrees o9
minulcs 09 seconds East 15:3.:33 feet to a I)OMI, file, I)lace of beginning.
C0N7AINING:3.:i:-,m acres
BEING Phase VIII of \vhclan Crossing. PCCORIC'd in I'lan Boole .
Page t Up.
05-03r
WHELAN CROSSING, PHASE X
ALL THAT CERTAIN IraCI or lot of land situate in I famp(len
'T'ownship, Cumberland County, Commonwealth of Pennsylvania more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the northern dedicated right-of-way line of
Darius Drive at the dividing iine of Lot # 1 15) of wlicfan Grossing, Phase
Vill and Lot # 118 Off hase X:
THENCE by file northern right-of-way line of Darius Drive SOLith (34
degrccs 42 minutes 05 seconds West 67.77 feet to a point; 'I-hence by
same by a curve to the right having a radius Of 125.00 feet and an arc
length of 40. 79 feet to a point; '171ence crossing over Darius Drive and
lands of Whelan Crossing, Phase VI South 06 degrees 36 minutes o2
seconds fast 167.74 feet to a point; 'Thence by line of land now or
formerly of Clifford E. Norton and now or formerly of James A. I lallman
South 84 degrees 31 minutes 25 seconds Wcst 316.20 feet to a stone;
't'hence by line of land now or f*onnerly of Charles J. 1 lubbard North 05
degrees 18 minutes 59 seconds West 391.97 feet to a point on the
sOUthern rightmay-line of Caissons Court; Thence by said right-of-way
North 84 degrees 39 minutes 13 seconds Bast 103.37 feet to a point;
Thence by same by a curve to the right having a radius Of 15.00 feet
and an arc length of 21.1:3 feet to a point on the western right-of-way
line of Darius Drive: Thence by said right-of-way South 14 degrees .38
minutes 56 seconds Last 80.53 feet to a point; 'Thence crossing over
Darius Drive and by line of Whelan Crossing, Phase \1111 North 75
degrees 1 minutes 04 seconds East 239.02 feet to it point; Thence by
same South 25 degrees 17 minUles 55 seconds Last 139.01 feet to a
point on the northern right-of-way line of Darius Drive. the place of
beginning.
CONT41NING 2.7 166 acres
BEING I'hase \ of Whelan Crossing, ltecordcd in flan Book r78, 1'agc
q3.
95.Oar)
Remairing Lands of Whelan Crossing
(Phase XI)
Ali that certain tract or lot of land situate in East Pennsboro Township
Cumberland County Commonwealth of Pennsylvania, more particularly bounded
and described as follows, to -Nit:
Beginning at a point on the CI JV41ng line of Whelan Crossing, Phase 11 and
subject premises on line of !ands now or formerly of David R. Bretz, said point
also being located 420.21 feet West of'dWertzville Road;
Thence by Lot # 9 (Whelan Crossing Phase II) North 65 degrees 12 minutes 19
seconds West 35.35 feet to a point; Thence by line of Lot # 10 North 73 degrees
05 minutes 26 seconds West 167.65 feet to a point; Thence by same South 24
degrees 47 minutes 40, seconds West 204.00 feet to a point; Thence by Lot # 11
South 66 degrees 09 minutes 51 seconds West 67.91 feet to a poirt; Thence by
Lot # 12 North 65 degreas 12 minutes 19 seconds West 55.12 feet to a point.
Thence by crossing Jenkins Grow, (50 feet wide) North 68 degrees 27 minutes
59 seconds West 54.42 feet to a point; Thence by line of Lot # 3 North 65
degrees 36 minutes 17seccnds West 34.15 feet to a point; Thence by same and
by Lot # 2 North 38 degrees 59 minutes 11 seconds West 67.8/ feet to a point;
Thence by line of Lot # 2 North 24 degrees 47 minutes 41 seconds East 64.26
feet to a point; Thence by line of Lots # 37 & 38 (Whelan Crossing Phase IX)
North 24 degrees 47 minutes 41 seconds East 168.50 feet to a point; Thence
continuirg by Lot # 38 and by Lot # 39 North 07 degrees 41 minutes 21 seconds
East 126.41 feet to a point; Thence continuing by Lot # 39 and by Lot # 40 North
25 degrees 18 minutes 03 seccnds West 127.77 feet to a point; Thence
contiruing by line of Let # 40 North 72 degrees 39 minutes 04 seconds West
65.18 feet to a point; Thence by line of Lot # 41 North 19 degrees 07 minutes 32
seconds East 34.87 feet to a point; Thence by same North 12 degrees 46
mirutes 44 seconds East 65.00 feet to a point on the eastern dedicated right-of-
way line of Jenkins Grove; Thence by crossing Jenkins Grove ( 50 foot wide)
North 09 degrees 19 mirutes 03 seconds West 53.18 feet to a point; Thence by
line of Lot # 24 (Whelan Crossirg Phase V) North 08 degrees 36 minutes 27
seconds East 131.76 feet to a point; Thence by lire of lands now or formerly of
Nancy L. Coulson and William E. Hazzard Jr„ and Wayne J. Jones and Nancy
A. Roddy South 57 degrees 32 minutes 40 seconds East 638.05 feet to a point;
Thence by lands now or formerly of David R. Bretz South 8 degrees 51 minutes
27 seconds West 354.80 feet to a point, place of beginning.
Containing 6.45 Acres.
Being Remaining Lands of Whelan Crossing (Phase XI).
DEINC a part of the same premises which Charles C. Arndt,
singleman, by Deed dated AugusL'I5, 1975 and recorded on
October 17, 1975 aL Cumberland County, Pa. inDeed gook 11 Vol.
26 page 304, granted and conveyed unto William F. Rittner and
Ernest It iLttier.
ALSO BEING part of the same premises which W?.lliam F. RitLner
and Frances M. Rittner, his wife, by Deed dated November 3, 1975
and recorded November 3, 1975 at Cumberland County, Pa. in Deed
Book II Vol. 26 page 911, whereby William F. RitLner couveyes
his 1/2 interest to David L. Young and Janet R. Young, his wife
and Kathleen A. RitLner, singlewoman.
AND the said Ernest Rittner died on December 20, 1978 whereby
he left a Last Will and Testament dated February 5, 1974 and
duly probated on J.nuary 3, 1979 in the Cumberland County Register
of Wills Office. Said Last Will and Testament is recorded in
Will Book 79 Page 976. Letters Testamentary were granted on
January 3, 1979 to Janice A. Rittner as Executrix.
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