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OF THE PROTHONOTARY
2013 APR 15 PPS is 28
CUMBERLAND COUNTY
PENNSYLVANIA
M THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Mark E. Halbruner and
Sandra S. Halbruner,
Plaintiffs /Owners,
V. Docket No.
Musser Home Builders, Inc.
Defendant/Contractor.
STIPULATION AGAINST MECHANICS' LIENS
WHEREAS, Mark E. Halbruner and Sandra S. Halbruner, husband and wife, now of 1329
Scenery Drive, Mechanicsburg PA 17050 (hereinafter called the "Owners "), executed a construction
contract on February 21, 2013, with Musser Home Builders, Inc., a business corporation, now of 10
Barrens Church Road, Dillsburg PA 17019 (hereinafter called the "Contractor "), to provide labor
and materials, as needed, forthe residential Construction Project located on Lot 1 A Klinedinst Road,
Upper Allen Township, Cumberland County, Pennsylvania 17050, identified by tax parcel number
42 -11- 0272 -142, and more fully described on Exhibit "A" attached hereto and incorporated herein
by reference.
NOW, effective at the time of and immediately before the execution of the principal
contract, and before any authority has been given by the Owners to the Contractor to commence
work on said building or improvements or purchase materials for the same, it is hereby stipulated
and agreed by and between said parties as part of said contract and for the consideration therein set
forth, that neither the undersigned Contractor, any subcontractor, materialman, or any other person
furnishing labor or materials to the said Contractor under the contract entered into between said
parties, shall file a lien for work done or material furnished to said building, improvements or any
part thereof. The right to file any such liens is hereby waived.
This Stipulation is made and intended to be filed with the Prothonotary prior to
commencement of the work upon the ground in accordance with the requirements of the Act of
August 24, 1963, P.L. 497, as amended, 49 P.S. §1402.
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IN WITNESS WHEREOF, said parties have hereunto set their hands and seals this 9
day of April, 2013.
WITNESS OWNERS p
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Mark E. Halbruner
Sandra S. Halbruner
WITNESS CONTRACTOR
Musser Home Builders, Inc.
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EXHIBIT "A"
PROPERTY DESCRIPTION
ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County,
Pennsylvania, being identified as Lot IA in the "Final Subdivision Plan of Klinedinst Farms for
Esther M. Klinedinst and Rex P. Klinedinst ", prepared by C.W. Junkins Associates, Inc., dated May
25, 2005, duly approved by the Upper Allen Township Board of Commissioners, and recorded
September 18, 2006, in the Cumberland County Recorder of Deeds Office in Plan Book 93, Page
26, and being more particularly bounded and described according to said plan as follows:
BEGINNING at a magnetic nail at the intersection of the center lines of Lisburn Road (S.R. 0114)
and Klinedinst Road (S.R. 2015); thence along the center line ofKlinedinst Road (S.R. 2015), North
21'41'41 " West 394.37 feet to a magnetic nail at the corner of lands now or formerly of George H.
Holder; thence along said lands, North 75 16' 15" East 25.17 feet to a concrete monument; thence
continuing along the same, North 75 16' 15" East 666.51 feet to a point at the northwest comer of
Lot I B on the aforementioned plan; thence along said Lot 1 B, South 19° 33' 41 " West 657.36 feet
to a point on the center line of Lisburn Road (S.R. 0114); thence along the center line of Lisburn
Road (S.R. 0114), North 75° 43'22" West 312.73 feet to a magnetic nail at the intersection of the
center lines of Lisburn Road (S.R. 01 14) and Klinedinst Road (S.R. 2015), the point and place of
beginning.
CONTAINING 5.003 acres according to the aforementioned plan.
TOGETHER with a right -of -way across Lot 1B on the aforementioned plan for the purpose of
ingress, egress and regress to and from Lot I C on the aforementioned plan.
UNDER AND SUBJECT to any easements, restrictions, covenants, conditions, and other matters
of record, including those shown on the aforementioned plan; provided, however, that this deed shall
not revive any matters of record which have been fulfilled, released, expired, or otherwise removed.
BEING the same premises which Esther M. Klinedinst, widow, and Rex P. Klinedinst, by their deed
dated October 16, 2009, and recorded October 23, 2009, in the Cumberland County Recorder of
Deeds Office as Instrument No. 200936053, granted and conveyed unto Mark E. Halbruner and
Sandra S. Halbruner, husband and wife, the Owners herein.