HomeMy WebLinkAbout06-0462
STIPULATION AGAINST LIENS
Owner
:IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Julie A. Charles
v.
Stoltzfus Construction, LLC
Contractor
: NO. 0(.. '/&).. M J 0 I........
WHEREAS, Julie A. Charles of 125 Hill Lane, Newville, PA 17241, is about to execute
contemporaneously herewith, a contract, with Stoltzfus Construction, LLC of 11257 Weaver Road,
Orrstown, Pennsylvania 17244, for building construction on the premises known as Hill Lane and
Doubling Gap Road being tax parcel numbers 15-03-0059-040, l5-04-0391-03IA and 15-03-0059-042,
Newville, Lower Mifflin Township, Cumberland County, Pennsylvania, as set forth in the deed dated
January 19,2006 and recorded January~9''': 2006 to instrument number a 00 &-6() XS 7 Y , in the
Recorder's Office for Cumberland County, Pennsylvania, as more specifically described in Exhibit "A"
which is incorporated herein and attached hereto.
NOW, ~UU-/..ctl:r 1'1 , 2006, at the time of and immediately before the execution of the
principal contract, and before any authority has been given by the said Owner 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 Contractor paid
by Owner, it is agreed that no lien shall be filed against the building by the Contractor, or any
subcontractor, nor by any of the materialmen 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 hands and seals the day and year aforesaid.
SIGNED AND SEALED IN THE PRESENCE OF
CONTRACTOR:
STOLTZFUS CONSTRUCTION, LLC
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01/25/200.Lll.:.51 FAX 717 730 7366
RE.\GER & ADLER
I4i 002
EXHIBIT "A"
01:25/2006 l.3:51 F.U 717 730 7366
---'-- -~--.- - - _... -.
RE.-IGER & .-IDLER
@003
TRACT#l
ALLTffAT CERTAIN' tract of land located in Lower Mifflin Township, Cumberland
County, Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point in the State Road by corner of lands formerly of
HJ. Fry, now or formerly of George Ginter; thence by said road, North 09 degrees
East, 92.5 perches to comer oflands fonnerlyof Than Barrick, now or formerly of
Lucy Banick; thence North 65% degrees East, 24 perches to a point; thence
North 81% degrees East, 80 perches to a point at corner of lands formerly
of Joseph Salisbury, now Or formerly of Lehman J. HllIley; thence South 47'1.
degrees East, 105 perches to a point; thence South 40Y, degrees West, 12.1 perches
to a stone; thence South 48\1, degrees East, 29.2 perches to a corner of lands of
W.H. McCrea Estate; thence South 44% degrees West, 18 perches to a point;
thence South 32% degrees West, 38.5 perches to a point; thence North 52Y, degrees
West, 47 perches to a point; thence South 36% degrees West, 64 perches to a stone
in the public road leading to Bloserville; thence by said road and line of lands now
or formerly of W.R McCrea Estate. North 52'/; degrees West, 31.8 perches to a
post; thence North 77 degrees West, 24.3 perches to a post; thence North 79Yz
degrees West, 323 perches to a stone, formerly a white oak; thence by lands
formerly ofRl Fry, now or formerly of George Ginter, North 13% degrees West,
22.4 perches to a stonc, formerly a white oak; thence North 86 de Drees West
" ,
11.5 perches to a point in the State Road, the Place ofBEGIJ\'NING
_~/25i200"..1.3: 5.l_XU 71,7 730 7366
REAGER & ADLER
Iii 004
EXCEPTING and reserving therefrom three (3) lots or parcels ofland as follows:
L Lot sold to HA. Hoover and Iva M Hoovcr, husband and wife, by deed of Mervin D.
Smith and Mvrtle Caroline Smith, husband and wife, dated May 3, 1944, and recorded in
Cumberland County Deed Book "V" Volume 12, Page 59.
2. Lot sold to H.A. Hoover and Iva M. Hoovet, husband and wife, by deed of Mervin D.
Smith and Myrtle Caroline Smith, husband and wife, dated December 1, 1945, and recorded in
Cumberland County Deed Book "I", Volume 13, Page 510.
3. AlJthat certain tract of land WIth an altuninurn siding ranch house and adjoining garage
thereon erected, situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded
and described in accordance with a subdivision survey prepared by Eugene A Hockensmith,
P.LS, which survey is dated December 18, 1986, and recorded in Cumberland County Plan Book
52, Page 68, as follows:
BEGINNING at a railroad spike in the centerline of L.R 21082 at the
southeast comer of lands now or fonnerly of Georgc F. (}inter, et ux., which
railroad spikc is located 339.16 fect in an easterly direction along the centerline of
L.R 21082 from the intersection ofthe centerlines ofLR. 21082 and Pennsylvania
Route No. 233; thence from the Point of Beginning <md running along the lands
now or formerly of George F. Ginter, et UX., the following two (2) courses and
distances: (1) North 18 degrees 29 minutes 09 seconds West a distance of 27.11
feet to an iron pin on the northerly dedicated right-of-way linc of LR. 21082; and
(2) North 18 degrees 29 minutes 09 seconds West a distance of 89.89 feet to an
iron pin; thence along lands now or formerly of Franklin A. Oiler, et ux., K Olih
18 degrees 29 minutes 09 seconds West a distmlce of 182.41 fect to ao iron pin;
thence along lands, of which this lot was fonnerly a part, lbout to be conveyed
to Zane R Highlands, the following five (5) courses and distances: (1) North
74 degrees 49 minntes 19 seconds East a distance of 24350 feet to an iron pin;
(2) South 53 degrees 24 minutes 51 seconds East a distance of39.05 feet to an Iron
pin; (3) South 16 degrees 07 minutes 16 seconds West (l distance of288.48 feet to
an iron pin; (4) South 25 degrees 52 minutes 05 seconds West a distance of3U6
feet to an iron pin On the northerly dedicated right-of.way line of LR. 21082; and
(5) South 25 degrees 52 minutes 05 seconds West a distance of 26.89 feet to a
railroad spike in the centerline of LR 21082; thence along the centerline of L.R.
21082 and a lot now or formerly of Walter G. Derr, et me, North 8S degrees,
44 minutes 00 seconds W cst a distance of 7.00 feet to a P.K Nail, thence
continuing along the centerline of L.R. 21082 and lands now Or formerly of
Nonnan 1. Reinford, Jr. et ux., North 85 degrees 44 minutes 00 seconds West a
distance of59.18 feet to a railroad spilce, the Place of BEGINNING.
CO~T AlNING a total arca of 1.2860 Acres.
WEIGL!! & ASSOCl.A.TES, RC. - ATTORNEVS AT LAW ~ 12l;i EA.S," KING ::"f~EET - SHIPP-e:t.JSBUR.~. PA 172$7.1397
__~5/2006 13: 51 FAX 717 730 7366
REAGER & ADLER
4J]005
SUBJECT to a 25 foot wide strip ofland at the south end of the above-described lot which
has been dedicated as a right-of-way for highway and utility purposes.
BEING all of Lot No.2 on the aforesaid subdivision pIal" which is dated December 18,
1986, and recorded in Cumberland County Plan Book 52. Page 68.
LOT No. 2 above described as the third lot or parcel of land excepted and reserved, is
retained by Margaret R. Moore and is improved ~fu an aluminum siding ranch house and block
and frame g=ge with mailing address of R.D #3 Box 2184, Newville, Peunsylvania 17241.
THE LWD herein conveyed exclusive of the three (3) lots or parcels of land excepted and
reserved; is all of a tract of land shown as No. \ On said Final Subdivision Plan for Margaret R.
"vIoore recorded in Plan Book 52, Page 68, and contains an area of approximately 135 acres on
which there is erected II dwelling house, barn and other improvements ~th mailing address of
R.D. #3, Box 2192, Newville, Pennsylvania 17241.
BEING the samc real estate which Margaret R. Moore, widow, by Deed dated March 12,
1987, and recorded in the Office of the Recorder of Deeds in the for Cumberland County,
Pennsylvania, in Deed Book N-32, Page 713, conveyed to Zane R. Highlands and Vicki L.
Highlands, Grantors herein.
TRE WITHIN conveyance is made under and subject, nevertheless, to building and use
restrichons of record and to easements visible or of record.
TRACT #2
ALL THAT CERTAIN tract ofland with the improvements thereon erected situate
in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described
according to the Land Subdivision for Iris McCrea as prepared by Sall1uel David R ynyon,
R.S., dated February 21, 1989 and recorded in the office of the Recorder of Deeds in and for
Cumberland County in Plan Book 58, Page 67, as follows, to wit:
BEGIN:"lING at a railroad spike set in S.R. 233 at the northwest corner of
land now or formerly of Spencer A Stamy; thence in said S.R. 233 along lands
now or fonner1y of Joseph S. Blessmg and lands now or formerly of Mary A
Salisbury, North nine (09) degrees thirty-two (32) minutes forty-seven (47) seconds
East, one hundred eighty-eight and thirty"seven htmc1redths (188.37) feet to an
existing nail and washer; thence in said S.R. 233 and along lands now or formcrly
of Richard C. DubIe, North nine (09) degrees twenty-four (24) minutes forty-one
(41) seconds East, three hundred sixty-nine and sixty-seven hundredths (369.67)
feet to an existing nail and washer; thence in said S.R. 233 and along lands now or
formerly Or Richard C. Johnson and Nancy B. Johnson, North nine (09) degrees
fifty-two (52) minutes fifty-three (53) seconds East, one hundred twenty-one and
WEIGLI'; 6: ASSOCIATES, Pc. - ATTORNEYS A"t LAW - 125 EAST KING ~TR.8.~:T ~ 5H1PPEN56VRG. PA 1TZS7-1,JSl1
01/25/2006 13:51 FAX 717 730 7366
REAGER & ADLER
i4J 006
-
ninety-six hundredths (121.96) feet to a railroad spike set; thence along same,
North twelve (12) degrees thirty-six (36) minutes twenty-four (24) seconds East,
one hundred fifty and zero hundredths (l50.00) feet to a railroad spike set; thence
in said S.R. 233 and along Lot #1 on the above-referenced plan, North eightecn
(IS) degrees five (05) minu.tes twenty-six (26) seconds East, two hundred twenty-
six and fuirty-five hundredths (226.35) feet to a railroad 5pil<e set; thence by said
Lot No. #1 the following eight courSes and distances; ;\iorth eighty-six (86) degrees.
thirty (30) minutes fifty-eight (5S) seconds East, five hundred eighteen and eight
hundredths (5IS.98) feet to an iron pin set; North seventy-seven (77) degrees thirty-
one (31) minutes fifty-five (55) seconds East, eighty-six and twenty-six hundredths
(86.26) feet to an iron pin set; North sixty-five (65) degrees forty-two (42) minutes
twenty-six (26) seconds East, sixty-six and twenty-two hundredths (66.22) feet to
an iron pin set; North sixty-two (62) degrees twenty-four (24) minutes fifty-six (56)
seconds East, three hundred eighty and forty-nine hundredths (380.49) feet to an
iron pin set; North fifty (50) degrees thirteen (13) minutes twenty (20) seconds
East, one hlmdred sixty-six and thirty-one hundredths (166.31) feet to an iron pin
set; North fourteen (14) degrees twenty-nilie (29) minutes fifty (50) seconds West,
four hlmdred ten and twenty hundredths (410.20) feet to an eXisting post; ;-lorth
eighty (80) degrees thirty-seven (37) minutes twenty-fiv (25) seconds East, eighty-
seven and zero hundredths (S7.00) feet to an iron pin set; ,",orth six (06) degrees ten
(10) minutes three (03) seconds West, three hundred forty-five aud ninety-nine
hundredths (345.99) feet to an iron pin set at stones; thence along lands now Or
formerly of Fra.nklin A. Oiler the following seventeen courses and distances: South
fifty (50) degrees fifty-five (55) minutes twenty-eight (28) seconds East, one
hundred thirty-seven and twenty"four hundredths (137.24) feet to an existing stone
pile; South seventy-seven (77) degrees fifty-three (53) minutes fifteen (15) seconds
East, three hundred sixty-three and one hundredths (363.01) feet to a point: l'\DTth
sixty-two (62) degrees forty-three (43) minutes thirty-five (35) seconds East, one
hundred and forty-two hundredths (142.00) feet to a point; North thirty-nine (39)
degrees five (05) minutes thirteen (13) seconds East, one hundred nine and ten
hundredths (109.10) feet to a point, North sixty-elght (68) degrees twenty-four (24)
minutes fifteen (15) seconds East, seventy-two and eighteen hundredths (72.18)
feet to a point; North eighty-four (84) degrees twenty-five (25) minutes fifty (50)
seconds East, fifty-four and twenty-five hundredths (54.25) feet to a point; North
sixty-one (6]) degrees thirty-eight (3S) minutes 'lifty-two (52) seconds East, one
hundred twenty-four and eight hundredths (124.08) feet to a point; :;iorth eighlY-
seven (87) degrees nineteen (19) minutes eighteen (1S) seconds East, farly-one and
seventy-eight hundredths (41.78) feet to a point; North seventy-two (72) degrees
thirty-one (31) minutes twenty-eight seconds East, three hundr~d thirty-seven and
twenty-two hundredths (337.22) feet to a point; :\"orth fOJ.iy (40) degrees twelve
(12) minutes thirty (30) seconds East, fiftyaud eighty-two hundredths (50.82) feet
to a point; North sevcnty-two (72) degrees twenty (20) minutes twenty-six (26)
seconds East, one hundred six and sixty hundredths (l06.60) feet to an existing
stone pile, North twenty-nine (29) degrees thirty-nine (39) minutes thirty-two (32)
WI;;IGLE &. ASSOCIATES. PC:. _ ATTORNEY":;' AT LAW - 126 EA.5T KING STRE!:::j - Sf-iIPF.l:.NSBUR0. i='A 17257-'-397
01/25/2006 13:52 FAX 717 730 7366
REAGER & ADLER
I4J 007
seconds East, one hundred sixty-nine and sixty-three hundredths (169.63) feet to a
point; south eighty-eight (88) degrees thirty-five (35) min.~tes thirty-two (32)
seconds East, fourteen and eighty-four hundredths (14.84) feet to an existing iron
pin set at stone; North rhirty-one (31) degrees one (01) minute thirty"seven (37)
seconds East, one hundred sixty-five and zero hundredths (165.00) feet to an
existing iron pm set at stones; ):jorth seventy-nine (79) degrees one (01) minute
thirty-seven (37) seconds East, one hrmdred forty-eight and fifty hundredths
(148.5D) feet to an existing iron pin at stones; South twenty-six (26) degrees
thirteen (13) minutes twenty-three (23) seconds East, one hundred ninety"eight and
zero hundredths (198.00) feet to an existing post; Nonh seventy-nine (79) degrees
thirrY"llve (35) minutes twenty "six (26) seconds East, one thousand seventy-one
and ninety-six hundredths (1,071.96) feet to an existing iron pin at stones; thence
along lands now or formerly of Grove Brother Lumber Co" South twenty-eight
(28) degrees forty-eight (48) minutes fifty-three (53) seconds East, one thousand
twenty-seven and eight"four hundreds (1,027.84) feet to an iron pin set at stones;
thence along lands now or formerly of Andrew M McCrea, South two (02) degrees
fifty-five (55) minutes forty"five (45) seconds East, one thousand seventy-two and
fifty-seven hundredths (1,072.57) feet to an iron pin set at stones; thence along
same, South cighty-two (82) degrees forty (40) minutes forty-one (41) seconds
West,two thousand two hundred eighty-two and twcnty-two hundredths (2,282.22)
feet to an existing stone pilc; thence along same, South eighty"one (81) degrees
fifty-three (53) minutes TWO (02) seconds West. seven hundred forty-seven and
eighty-seven htmdredths (747.87) feet to an existing post; thence along lands now
Or fonnerly of Zane Highlands, South eighty-two (82) degrees fifteen (15) minmcs
fifty-five (55) seconds West, one thousand two hundred ninety-five and ninety-
three hundredths (1,295.93) feet to an iron pin set at stones; thence along same and
lands now or formerly of SpeJJcer A. Stamy, South sixty-five (65) degrees twelve
(12) minutes thirteeJJ (13) seconds West, four hrmdred six and nincty-mne
hundredths (406.99) feet to a railroad spike set, the place ofBEGINN~G.
BEING Lot No. #2 on the Land Subdivision for ills McCrea and containing 165.7265
acres net area.
BEING the same premises conveyed by Iris W. McCrea, widow, by deed dated June 19,
1989 andrecorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania,
in Deed Book "A," Volume 23, Page 124, unto Zane R, Highlands and Vicki L. Highlands, the
Grantors herein.
_I\ND BEING the same which Zane R. Highlands and Vicki L. Highlands, husband and
wife, by deed dated April I, 1996 and recorded in Cumberland County Deed Book 137 at
Page 170, conveyed to Zane R. Highlands and Vicki L. Highlands, as Tenants-in-Common, each
to an undivided one-half (J /2) interest, Grantors herein.
wl':::IGLE & AS$OC1AT~S. P.~_ _ ATTORN~S AT LAW - 1i?6 EAST KING STRE;;~T - SHIPJO'ENseURG, PA 172S"7-1.a97
01/25~2006 IJ:52_FAX 7J7 730 7366
REA GER & AD LER
IiIJ 008
~
Tract 2 herein is subject to rights of the Grantors, their heirs and assigns ro use Private
Right-of-Way A and Private RIght-of- Way B as more fully shown and described in Cumberland
County Plan Book 91, Page 94, for ingress, egress and regress to and from other real esta.te
retained Grantors, ::;aid real estate morc fully described in Cumberland County Deed Book 34-0
at Page 368. A private Right-of Way Agreement win be recorded Simultaneously herewith.
And the said Grantors hereby covenants and agrees that they will warrant specially the
property hereby conveyed.