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Home My WebLink About05-4199 VICTORIA GLEN ASSOCIATES, a Pennsylvania general partnership, Fee Simple Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AND NO. 05- - c.((1Q VU) BRADLEY E. HAUBERT and PAMELA A. HAUBERT, husband and wife, Equitable Owners AND HAupERT HOMES, INC., a Pennsylvania Corporation, Contractc STIPULATION AGAINST LIENS WHEREAS, BRADLEY E. HAUBERT and PAMELA A. HAUBERT, husband and wife ("Equitable Owners"), the Equitable Owners of the real estate described herein has executed a Contract dated ~ ~ ~ ,2005, with HAU~ERT HOMES, INC. ("Contractor"), whose principal place of business is located at 15 Central Boulevard, Camp Hill, Pennsylvania 17011 for the construction of certain improvements to said real estate situate at Lot No. 54, Fairwinds, 1504 Inverness Drive, Mechanicsburg, Hampden Tmvnship, Cumberland County, Pennsylvania, Pennsylvania as more particularly bounded and described on Exhibit "A" (the "Premises"), attached hereto and made a part hereof; and NOW, THEREFORE, this \ 2.."th. day of August., 2005, before any authority had been given by Equitable Owners to Contractor to commence work on said Premises or purchase materials for same, in consideration of making of the above-descIibed Contract between Equitable Owners and Contractor, and in further consideration of One ($1.00) Dollar paid to Contractor by Equitable Owners, the receipt whereof is hereby acJmowledged and intending to be legally bound hereby, it is agreed that no liens or claims shall be filed or maintained against the Equitable Owners' Premises and the land described herein or any interest of Equitable Owners therein by the 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 abut the erection, construction, design and improvement of said Premises, under said contract or otherwise, the J right to have, file and maintain such liens or claims against the facilities and the land described herein, being hereby expressly waived by the Contractor for itself, its subcontractors, all materialmen, or workmen and other acting through or under them. IN ORDER to give the Equitable Owners full power and authority to protect Equitable Owners and the building and improvements located on the Premises against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenants, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to app,ear for Contractor in the Court of Common Pleas of Cumberland County for Contractor and, in Contractor's name, mark satisfied of record, at the cost and expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name of anyone or more of them against the building and improvements located on the Premises or any part thereof, and, for such act OJ' acts, this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which and where this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release and quitclaim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. 2 IN WI1NESS WHEREOF, each of the parties, by thdr duly authorized representatives, have hereunto executed the Stipulation Against Liens this \2. 'it, day of ~ 2005. FEE SIMPLE OWNER: WI1NESS: cr~~~ WI1NESS: -ifrYi. ~ WI1NESS: -k~ (li\. ~)~ \. \ WI1NESS: -{\Q,;;a (Y\. ~~\ WI1NESS: VICTORIA GLEN ASSOCIATES, a Pennsylvania general partnership By, :~TEADGROUP.INC.. By;t ~ Michael J. Greene, President By: HAUBERT HOMES, INC., a General Partner By:g~ C:~-~~c.l. Don E. Haubett, Sr., President - aubert ~Ha~~ CONTRACTOR: HAUBERT HOMES, INC. B~~ ~vil aM-,i. Don E. Haubert, Sr., President 3 EXHIBIT" A" ALL THAT CERTAIN tract or parcel ofland known as Lot No. 54 situate in Hampden Township, Cumberland County, Pennsylvania as shown on the Final Plan of Fairwinds, Phase III prepared by Melham Associates, PC and recorded in Plan Book 78, Page 90, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Inverness Drive, a 50 foot wide street, said point being the northwestern comer of Lot No. 53; thenc<~ along said right-of-way along a curve to the right having a radius of325.00 feet and an arc length of 104.91 feet, said arc being subtended by a chord of North 40 degrees 04 minutes 15 seconds East, a distance of 104.45 feet to a point, said point being the western most corner of Lot No. 55; thence along the western line of Lot No. 55, South 40 degrees 40 minutes 54 seconds East, a distance of 120.35 feet to a point, said point being on the northern line of Lot No. 50; thence along the northern line of Lot No. 50, South 52 degrees 35 minutes 14 seconds West, a distance of69.90 feet to a point, said point being the eastern most corner of Lot NO. 53; thence along the northern line of Lot No. 53, North 59 degrees 10 minutes 35 seconds West, a distance of 105.00 feet to the point and place of BEGINNING. CONTAINING 9,906.34 feet or 0.2274 acres. BEING a portion of the same premises which B & R Construction Company, a Pennsylvania partnership, by its Deed dated November 13, 1987 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book C-33, Page 304, granted and conveyed unto Victoria Glen Associates, a Pennsylvania General Partnership. ALSO BEING the same premises whicb Victoria Glen Associates by its Real Estate Purcbase Agreement dated August \ \. , 2005 and intended to be recorded simultaneously herewith in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book , Page granted equitable interest unto Bradley E. Haubert and Pamela A. Haubert, husband and wife. 430375vl ~ - ~ ~ <...I'., e ?~ e::i --- <::><l CJ"'l f:., ;t """ '6" l f '" f f:- () ,..., 0 = ~~ = -n c..n ~ -'" ". r-'ii c:: rn:!l "" -nm " - 'r'7 (I;;'" -i ::;~C) r,;. \.: ~ ';L =1~ ~ go ';;'7'_ :x ~() ~jrn :P' Co: <? ~~ -;i- ~ ~ :::<! w '-<