HomeMy WebLinkAbout13-5725 THE P-ROTHO'N-0
20 13 - OCT-2 P11 1.5
PREPARED BY AND RETURN TO:
Craig I. Adler, Esquire CUMBERLAND COUIqT,y PENNSYLVANIA
CAPOZZI ADLER, P.C.
1200 Camp Hill Bypass, Suite 205
Camp Hill, Pennsylvania 17011
(717) 234 -3289
PARCEL NO.: 38 -08- 0565 -213
Marion J. Gill and Shirley J. Gill, ) IN THE COURT OF COMMON PLEAS
husband and wife : CUMBERLAND COUNTY, PENNSYLVANIA
Owners )
V.
Haubert Homes, Inc., a Pennsylvania / 6r7x6' pi ID
Corporation ) NO. !
Contractor
STIPULATION AGAINST LIENS
WHEREAS, Marion J. Gill and Shirley J. Gill, husband and wife of Pennsylvania,,
is about to execute contemporaneously herewith, a contract with Haubert Homes, Inc., a
Pennsylvania Corporation of Dauphin County, Pennsylvania, for the erection of a dwelling upon
a lot of land situate as follows:
ALL THAT CERTAIN tract or parcel of land, located in Silver Spring
Township, Cumberland County, Pennsylvania, more particularly bounded and described as
follows, to wit;
BEGINNING at a point on the southern right -of -way line of Stone Run Drive,
said point being located the following two (2) courses from the terminus of a curve connecting
the eastern right -of =way line of Monarch Lane with the southern right -of- way line of Stone Run
Drive; I) South fifty -five degrees, thirty -three minutes, thirty seconds East (S 55° 33'30" E), a
distance of eighty -eight and ninety -eight hundredth feet (88.98') to a point; 2) by a curve to the
right, having a radius of one hundred seventy -five feet (R = 175.00'), an arc distance of thirty -six
and twenty -eight hundredth feet (A/L = 36.28) to a point; THENCE from said point of
Beginning by the southern right -of- -way line of Stone Run Drive by a curve to the right, having a
radius of one hundred seventy -five feet (R = 175.00'), an arc distance of two hundred and sixty -
one hundredth feet (A/L = 200.61 ') to a point; THENCE by Lot No. 103 North sixty -eight
degrees, zero minutes, zero seconds West (N 68° 00'00" W), a distance of one hundred thirty -
eight and twelve hundredth feet (138.12') to a point; THENCE by Lot No. 87 and Lot No. 86
North thirty -four degrees, twenty -six minutes, thirty seconds East (N 34° 26' 30" E) a distance of
one hundred sixty -three and thirty -one hundredth feet (163,31') to a point, the place of
Beginning.
CONTAINING 14,612,84 square feet or 0.3355 acres, more or less.
BEING ALL THAT CERTAIN Lot. 104 in the property known, named and
identified in the Declaration, referred to below, as "Walnut Point Phase III, a Planned
Community," located in Silver Spring Township, Cumberland County, Pennsylvania, which has
heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community
Act, 68 Pa,C.S.A. §§ 5101 et seq. as amended, by the recording in the Office of the Recorder of
Deeds of Cumberland County, Pennsylvania, the Declaration for Walnut Point Phase III, a
Planned Community, a Residential Planned Community ( "Declaration "), dated July 27,
2007, recorded July 31, 2007, in the Office of the Recorder of Deeds of Cumberland County in
Miscellaneous Book 738, Page 4728, and designated in such Declaration as Lot No. 104
(Identifying Number), described in Section 2.2 of the Declaration, and shown (and described) in
Exhibit B of the Declaration.
Walnut Point Phase 111, a Planned Community, pursuant to the Third Amendment and
Restatement of Declaration for Walnut Point, a Flexible Planned Community, dated November 4,
2011 and recorded February 22, 2012 in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania to Instrument Number 201205294, merged with Walnut
Point, the Surviving Community.
BEING Lot No. 104, Final Subdivision Plan for Walnut Point Phase III dated
May 9, 2005, last revised August 3, 2006, recorded in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania, in Plan Book 93, Page 73.
BEING PART OF THE SAME PREMISES which Lloyd J. Edris and Shirley
M. Edris, husband and wife, by their Deed, dated Apri126, 1996, recorded May 1, 1996, in the
Office of the Recorder of Deed of Cumberland County, Pennsylvania, in Deed Book 138, Page
5.18, granted and conveyed unto Harold D. Stoner (now deceased) and Marilyn L. Stoner,
husband and wife. Harold D. Stoner died on January 4, 2013 thereby vesting fee simple title in
Marilyn L. Stoner, surviving tenant by the entirety.
NOW, the day of October, 2013, at the time of and immediately before
the execution of the principal contract, and before any authority has been given by the said
Marion J. Gill and Shirley J. Gill, husband and wife to the said Haubert Homes, Inc., a
Pennsylvania Corporation to commence work on the said building, or purchase materials for the
same in consideration of the making of the said contract with Haubert Homes, Inc., a
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t.
Pennsylvania Corporation and the further consideration of One Dollar, to Haubert Homes, Inc., a
Pennsylvania Corporation paid by Marion J. Gill and 'Shirley J. Gill, husband and wife it is
agreed that no lien shall be filed against the building by the contractor, or any sub- contractor, nor
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 erection of said building, the right to file such liens
being expressly waived.
WITNESS, our hand and seals the day and year aforesaid.
SIGNED, SEALED AND DELIVERED OWNER:
IN TIM PRESENCE OF
Mari n J. GU
V14
S ,irley J. Gi
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CONTRACTOR:
Haubert Homes, Inc.,
a Pennsylvania Corporation
BY: cry
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