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Home My WebLink About05-1837 . Owner :IN THE COURT OF COMMON PLE S OF :CUMBERLAND COUNTY, PENNSY ANIA :NO. 2005 - 1'631 /'lU> H&B Homes v H&M Enterprises, Inc. Contractor STIPULATION AGAINST LIENS WHEREAS, H&B Homes, a Pennsylvania Partnership, (OWNER), are about to ecute contemporaneously herewith a contract witb H&M Enterprises, Inc. (CONTRAC OR), for the execution of a home situate at Lot 34, Prickly Pear Drive, Hillcrest Farms West, Carlisle, Cumberland County, Pennsylvania, more particularly bounded and descri ed on the attached Exhibit" A" . NOW, at tbe time of and immediately before the execution of the principal contrac , and before any authority has been given by the said Owners to the said Contract r to commence work on the said building, or purchase materials for the same, in conside tion of the making of the said contract with Contractor and the further consideration 0 One Dollar ($1.oo), to be paid to Contractor, it is agreed that no lien shall be filed again the building by the Contractor, or any Subcontractor, nor by any of the materialm or workmen or any person for any labor, or materials purchased, or extra labor or mat ials purchased for the erection of said building, the right to file such liens being expr ssly waived. WITNESS our hands and seals the k'f-J- day of -1!lc~, 2005. Signed, Sealed and Delivered in the presence of (_/~/u( J~/?)CU<;( c:/fw/' 17}0/( l/{ <./ BY Harold L Stoneberger ~\.~d //1aa;( H&M Enterprises, Inc., Contractor BY ~ ~~erson, . . EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN unimproved tract of land situate in North Middleton Tow hip, Cumberland County, Pennsylvania, being more fully bounded and described acco ing to a Final Subdivision Plan for Phase I of Hillcrest Farms West, prepared by R.J. Fi er & Associates, Inc., being recorded in the Office of the Recorder of Deeds in and for Cumberland Connty, Pennsylvania, in Plan Book 86, Page 57, as follows: BEGINNING at a point on the southern side of a 50 foot wide right of way known Prickly Pear Drive along line of lands now or formerly of Steven L. Spahr and Sha on J. Spahr; thence continuing along line of lands now or fonuerly of Spahr, South 38 de rees 29 minutes 31 seconds West, a distance 265.71 feet to a point along line oflands no or formerly of John A. Ward and Helen T. Ward; thence continuing along line of Ian or formerly of Ward, North 26 degrees 05 minutes 54 seconds West, 172.44 feet to along the dividing line between Lots Nos. 33 and 34 of the hereinafter mentioned subdivision plan; thence continuing along said dividing line, North 56 degrees 35 mi 07 seconds East, 216.52 feet to a point along the southern side of said Prickly Pear ve; thence continuing along said Prickly Pear Drive by a curve to the left, having a radi s of 285.00 feet, an arc length of 90.00 feet on a chord bearing of South 42 degrees 27 mi utes 41 seconds East, a chord length of 89.63 feet to a point, the place of BEGINNING. CONTAINING 0.69 acres and being Lot No. 34 of the Final Subdivision Plan for Ph e I of Hillcrest Farms West, prepared by R.J. Fisher & Associates, Inc., being recorded n the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 57. UNDER AND SUBJECT to the Declaration of Covenants, Reservations and Restrictio s as recorded in Misc. Book 693, Page 333. ALSO UNDER AND SUBJECT to any restrictions, easements and right-of-ways as recorded in Plan Book 86, Page 57. UNDER AND SUBJECT to a private access easement known as West Slate Hill Road referenced on the Final Subdivision Plan for Phase I of Hillcrest Fanus West as record d in Plan Book 86, Page 57. BY acceptance of this Deed, the owner hereof, their successors and assigns, agree to purchase, own and maintain the grinder pump system in accordance with the Sanitary Sewer Notes as recorded in Plan Book 86, Page 57. BEING a part of the same premises which J. Paul Burkhart, II and Kristin J. Burkhart by Deed dated July 23, 2001 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 247, Page 2799, granted and conveyed unto Don E. Backenstow. Anne R. Backenstow hereby joins in to convey her marital rights and interests. )~ ~ - ...... - ~ :c. '3 V'1 ,- dJ -.; "" '" ~ ~ ~ ~ '"\ '" ~ <:.---' " '" 4 9.) _. .., n --< o c: r."' s:; ::;i ....., <= <=> <.n ". -0 :xl I aJ o ., ::;:I ft1:D .. --om :po ,-) T :';j9 " (""5::;] ~T~ ~~ '~--' ~.J ~. ~i'1 -<. ~ -~.. C_1 ..,... - -I Owner :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA H&B Homes V :NO. 2005 - 1837 MLD H&M Enterprises, Inc. Contractor AMENDED STIPULATION AGAINST LIENS WHEREAS, H&B Homes, a Pennsylvania Partnership, (OWNER), are about to execute contemporaneously herewith a contract with H&M Enterprises, Inc, (CONTRACTOR), for the execution of a home situate at Lot 34, Prickly Pear Drive, Hillcrest Farms West, Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described on the attached Exhibit" A" . NOW, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Owners to the said Contractor to commence work on the said building, or purchase materials for the same, in consideration of the making of the said contract with Contractor and the further consideration of One Dollar ($1.00), to be paid to Contractor, it is agreed that no lien shaH be filed against the building by the Contractor, or any Subcontractor, nor by any of the materialmen or workmen or any person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to file sucb liens being expressly waived. This Stipulation Against Liens is amended and corrected from the original Stipulation Against Liens which was filed on April 8, 200S in the Cumberland County Courthouse. The original Stipulation was erroneously dated May 6, 2005. The correct date should have been April 6, 2005. WITNESS our hands and seals the ~ day of A-fOi" ( ,2005. . ---, Signed, Sealed and Delivered in the presence of ::~ ' w~ By/IJii -~ Harold L~ Stoneberger ~ \ \ > I EXHIBIT" A" LEGAL DESCRIPTION ALL THAT CERTAIN unimproved tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, being more fully bounded and described according to a Final Subdivision Plan for Phase I of Hillcrest Farms West, prepared by R.J. Fisher & Associates, Inc., being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 57, as follows: BEGINNING at a point on the southern side of a 50 foot wide right of way known as Prickly Pear Drive along line of lands now or formerly of Steven L. Spahr and Sharon J. Spahr; thence continuing along line of lands now or formerly of Spahr, South 38 degrees 29 minutes 31 seconds West, a distance 265.71 feet to a point along line of lands now or formerly of John A. Ward and Helen T. Ward; thence continuing along line of lands now or formerly of Ward, North 26 degrees 05 minutes 54 seconds West, 172.44 feet to a point along the dividing line between Lots Nos. 33 and 34 of the hereinafter mentioned subdivision plan; thence continuing along said dividing line, North 56 degrees 35 minutes 07 seconds East, 216.52 feet to a point along the southern side of said Prickly Pear Drive; thence continuing along said Prickly Pear Drive by a curve to the left, having a radius of 285.00 feet, an arc length of 90.00 feet on a chord bearing of South 42 degrees 27 minutes 41 seconds East, a chord length of 89.63 feet to a point, the place of BEGINNING. CONTAINING 0.69 acres and being Lot No. 34 of the Final Subdivision Plan for Phase I of Hillcrest Farms West, prepared by R.J. Fisher & Associates, Inc., being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 57. UNDER AND SUBJECT to the Declaration of Covenants, Reservations and Restrictions as recorded in Misc. Book 693, Page 333. ALSO UNDER AND SUBJECT to any restrictions, easements and right-of-ways as recorded in Plan Book 86, Page 57. UNDER AND SUBJECT to a private access easement known as West Slate Hill Road as referenced on the Final Subdivision Plan for Phase I of Hillcrest Fanns West as recorded in Plan Book 86, Page 57. BY acceptance of this Deed, the owner hereof, their successors and assigns, agree to purchase, own and maintain the grinder pump system in accordance with the Sanitary Sewer Notes as recorded in Plan Book 86, Page 57. IBEING a part of the same premises which J. Paul Burkhart, II and Kristin J. Burkhart, /Jy Deed dated July 23, 2001 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 247, Page 2799, granted and conveyed unto Don E. Backenstow. Anne R. Backenstow hereby joins in to convey her marital rights and interests. C' r-' C';) f;'~ . . 'on _.~.,.. . I N ......~., (.,J _-1 C:1 -' -- --~_._.,~.,."