HomeMy WebLinkAbout02-0197TIMOTHY J. FELDNER, and
MELANIE R. FELDNER, his wife
(OWNER)
VS.
THE McNAUGHTON COMPANY,
{GENERAL CONTRACTOR)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. O2-Iq
5840 WESTBURY DRIVE, ENOLA
CUMBERLAND COUNTY, PENNSYLVANIA
STIPULATION AGAINST LIENS
WHEREAS, Timothy J. Feldner and Melanie R. Feldner, his wife, the OWNER of the real estate
described below, has or is about to execute a contract with The McNaughton Company , whose
principal business address is 4400 Deer Path Road, Harrisburg , Pennsylvania, to construct a
single family dwelling upon lands situate at 5840 Westbury Drive, Enola, Cumberland County,
Pennsylvania, and more particularly bounded and described on Exhibit "A" attached hereto and made a part
hereof; and, ~r ~,(' t;LO,~'
NOW, THEREFORE, this i-uay of_ . 2002, before any authority had been given
by The McNaughton Company/- '~ commenc~ work on said facilities, or purchase materials
for same, in consideration of making of the above-described Contract with Timothy J. Feldner and Melanie
R. Feldner, his wife, Owner, and in further consideration of One (~1.00) Dollar paid to the general
contractor b~ Timothy J. Feldner and Melanie R. Feldner, his wife, 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 Timothy J. Feldner and Melanie R. Feldner, 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 Timothy J. Feldner and Melanie R. Feldner, 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.
e/~ie
IN WITNESS WHEREOF, each of th s by t~ ~thorized representatives have hereunto
executed the Stipulation Against Liens this ~ of ~~, 2002.
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WITNESS: OWNER:
ATTEST:
/'//
The McNaughto~n~)~pany'
General Contractdr'
ALL that cei~n piece, p~rc~ or lot of land ~ituatc in Ilampdcn Township,
Co~ty~ Pe~ylv~a, ~d ~u~ ~d d~i~d ~ fo~lows:
BEGI~ING ~ a ~int on t~ Nahum ~ht~f-way [i~te of W~y D~ve (50.00
wi~), said point ~ing [o~t~d at ~c Sot~ns~m ~r~t of Lot No, 92; then along the E~st~m
bo~d~ ~c of~t No. ~ Noah 06 dcgt~ l0 mlnums 23 ~onds W~k t~ a dlsmn~
9g.~ f~L to a ~int at the So~hwestem comer eli,et No. ~; tlm~ along the So,em
l~e et L~ m~ ~ N~ Sg del~ 30 minu~ l ~ s~on~ ~t, lbr a dist~c~ of 143.31
a poin~ in line Brother lands now or ~rly o~The M~Nm~nton ~'l,,,,~u~ ....... ~ ....
o~ lmds et McN~ghton, Sou~ 0 [ d~ 29 minu~s 45 ~conds ~ t~ a ~slsnce of
112.4S fee~ W a ~int on tim N~rn right-of-~y l~e of Westbu~ Drive (50.~ ~et wide);
t~ al~ ~d ri~t-obway 1~ Nor~ 77 ~ 29 minut~ 45 s~co~ W~st, for
21.~4 feet, to a ~int; Ih~ along ~ on the ~ o[ a c~ml6 ~u~lng m ~ k~ tmvhtg a r~ius of
350,~ tket, md m mc l~gth of 11 ~.01 feet, lo a ~int ~d &e place of
This piece, ~cl or lot ot [s~ ~ists of approx~stcly 14,061.71 sq~m fcct of 1~, a~
kno~ md n~d as Lot No. 93 on ~e Fina Subdivision Plan for W~ - Ph~
~i~h is r~rd~d in Cum~rland County in Plan Book 79, Page 89.
UNDER AND SUBJECT TO:
Any an([ all easemenL% licemes, exceptions, re.~ervations, covenants,
agreements, convcy,~.a and restrictions which affect the pl~'miscs mind
are visible by in.apect|on of the premises.
(b)
Any and all easementa, liceases, eg¢eptions, reaetvations, covemmta,
a~nts, con~ya~ and ms~ctions ~n~n~ in ~y ~d ~l ~or
ag~enc% 1~, d~s, gran~ and conveym~s ~ccfi~g ~o ~is~,
(c) Plan notes prohibiting the construction of any structure (other thtm a fence,
uncovered steps and cn~e canopies., mint greater than 3 feet in
depth and 0 fret in width ) within any ~0 foot buff=r yard shown on lite
subdivision plan et' record.
(d) Thc Declaration of Covenantsa~ Rcsttlctions which is recorded in the ......
office of The Recorder of Dceds for Cumberland County in Miscellaneous
Book 626, Page 163, as may bc applicable to the premises.