HomeMy WebLinkAbout99-03586J. DAVID ADAMCHICK and,
ALICIA B. ADAMCHICK, his wife,
(OWNERS)
va.
HAUBERT HOMES, INC.,
(CONTRACTOR)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 9 9_ _; eC, M
LOT #44, MERRIMAC AVENUE
CREEKSTONE MANOR, MECHANICSBURG
CUMBERLAND COUNTY, PENNSYLVANIA
STIPULATION AGAINST LIENS
WHEREAS, J. David Adamchick and Alicia B. Adamchick, his wife, the OWNER of the real estate
described below, has or is about to execute a contract with Haubert Homes, Inc., whose principal place of
business is 15 Central Boulevard, Camp Hill, Cumberland County, Pennsylvania, to construct a single family
dwelling upon lands situate at Lot 1144, Merrimac Avenue, Creekstone Manor, Mechanicsburg, Cumberland
County, Pennsylvania, and more particularly bounded and described on Exhibit "A" attached hereto and
made a part hereof; and,
NOW. THEREFORE, this 10'" day of June, 1999, before any authority had been given by Haubert
Homes, Inc., to commence work on said facilities, or purchase materials for same, in consideration of
making of the above-described Contract with J. David Adamchick and Alicia B. Adamchick, his wife, Owner,
and in further consideration of One ($1.00) Dollar paid to the general contractor by J. David Adamchick and
Alicia B. Adamchick, his wife, 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 J.
David Adamchick and Alicia B. Adamchick, his wife, 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 J. David Adamchick and Alicia B. Adamchick, his wife, 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 10" day of June, 1999.
WITNESS: OWNER:
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J. David Adamchick
Alicia B. Adamchick
ATTEST: GENE AL CONT ACTOR:
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Haubert Homes, Ina
ALL THAT CERTAIN lot of land situate in the Township of Upper Allen, County of
Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, in accordance with
the Final Subdivision Plan for Creekstone Manor (formerly known as Trout Run), Phases II and III, dated
January 1, 1996, prepared by Hartman & Associates, Inc., and recorded in Plan Book 76, Page 133, to
wit:
BEGINNING at a point on the northwestern side of Merrimac Avenue at the northeastern comer
of Lot No. 45 oq the above mentioned Plan of Lots; thence along the northern line of Lot No. 45, North
29 degrees 16 minutes 10 seconds West, 150.00 feet to a point at the lands now or formerly of Paul A.
Brennaman et al; thence along the said same lands, North 60 degrees 43 minutes 50 seconds East, 85.00
feet to a point at the southwestern comer of Lot No. 43 on the above mentioned Plan of Lots; thence
along the southwestern side of Lot No. 43, South 29 degrees 16 minutes 10 seconds East, 150.00 feet to
a point on the northwestern side of Merrimac Avenue; thence along the same side of Merrimac Avenue,
South 60 degrees 43 minutes 50 seconds West, 85.00 feet to a point, the point and place of BEGINNING.
CONTAINING 12,750.00 square feet.
AND the said Grantee, his heirs and assigns, as a 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
79 and 81 as depicted on the aforesaid plan.
It is understood, covenanted, and agreed that each and every purchaser of Lots I 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 purchaser of an lot in said
subdivision, including but not limited to, the Grantees of Lots 79 and 81, and their successors and
assigns, is given the right 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.
BEING Lot No. 44 on the above mentioned Plan of Lots.
UNDER AND SUBJECT to a 25 foot drainage easement running along the rear of the lot, as
shown on the above mentioned Plan of Lots.
UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and
other matters of record or that which a physical inspection or survey of the premises would reveal.
BEING PART 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 of the Recorder of
Deeds in and for Cumberland County, Pennsylvania in Deed Book A, Volume 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.
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