HomeMy WebLinkAbout06-5592
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STlPULA TlON AGAINST UENS
G. Martin Eichelberger and
Susan K. Eichelberger (Legal Owners)
and LeTort Group, LLC (Equitable
Owner)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NUMBER D~' 5590. ML[) TERM, 2006
D. Terry Miller and Associates, Inc.,
Contractor
LETORT GROUP, LLC, a Pennsylvania limited liability company, of 3130 Morningside Drive,
Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania (hereinafter called "Equitable
Owner") and D. TERRY MILLER AND ASSOCIATES, INC, a Pennsylvania corporation, with a principal
place of business at 5912 Linglestown Road, Harrisburg, West Hanover Township, Dauphin County,
Pennsylvania, hereinafter called "Contractor", have entered into a construction contract for the
construction of an addition (containing 1 ,583 square feet) to an existing structure (containing 3,192
square feet), together with other improvements, as shown on depicted on Preliminary/Final Land
Development and Subdivision Plan for LeTort Group, dated March 17, 2006, recorded in the Office of
the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Bookq'h , Page~. The
existing structure, as described above, and the proposed addition, together with other improvements to
be made upon a lot containing 38,967 square feet, situate in lower Allen Township, Cumberland
County, Pennsylvania, being more particularly bound and described as follows:
ALL THAT CERTAIN tract or parcel of real estate situate in Lower Allen
Township, Cumberland County, Pennsylvania, being more particularly
bound and described as follows:
BEGINNING at a point on the northern legal right-of-way of Morningside
Drive at the southwest corner of lands now or formerly of Joanne M. Hook;
THENCE continuing along the northern legal right-of-way of Morningside
Drive, South 83 degrees, 30 minutes, 30 seconds West, a distance of
30.22 feet to a point; THENCE continuing along the western legal right-of-
way of Morningside Drive, North 90 degrees, 30 minutes, 00 seconds
west, a distance of 50 feet to a point at the northwest corner of lands now
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or formerly of Sharon D. Swank; THENCE along the western line of lands
now or formerly of Sharon D. Swank, North 02 degrees, 47 minutes 09
seconds West, a distance of 50.10 feet to a point at the northeast corner
of the right-of-way of U.S. Route 15; THENCE along the northern legal
right-of-way of U.S. Route 15, South 83 degrees, 29 minutes, 51 seconds
West, a distance of 126.02 feet to a point on the eastern right-of-way of
northbound Route 15 ramp (Spangler Road); THENCE along the same,
North 06 degrees, 33 minutes, 09 seconds West, a distance of 250 feet to
a point on the southern right-ot-way of lands now or formerly of Penn
Central Railroad Company; THENCE continuing along the same, North 83
degrees, 30 minutes, 00 seconds East, a distance of 178.97 feet to a point
at the northwest corner of lands now or formerly of Joanne M. Hook;
THENCE along the western line of lands now or formerly of Joanne M.
Hook, South 02 degrees, 55 minutes, 00 seconds East, a distance of
150.29 feet to a point at northern legal right-ot-way of Morningside Drive,
the point and PLACE OF BEGINNING.
Containing 0.895 acres, more or less.
The above-described parcel being shown and depicted on
Preliminary/Final Land Development and Subdivision Plan tor LeTort
Group, dated February 27, 2006, recorded in the Office of the Recorder of
Deeds of Cumberland County, Pennsylvania in Plan Book <1~ , Page
~, being part of the same premises which G. Martin Eichelberger and
Susan K. Eichelberger, husband and wife, by their Deed, dated
September 25, 2001, recorded in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania, in Deed Book 249, Page 442,
conveyed to G. Martin Eichelberger and Susan K. Eichelberger and being
comprised of the vacated portion ot Morningside Drive as confirmed in
Report of the Board ot Commissioners ot Lower Allen Township, in the
matter ot the vacation ot 129.17 feet of Morningside Drive located in
Lower Allen Township, Cumberland County, Pennsylvania, and entered
into Civil Action No. 06-3168, Court ot Common Pleas of Cumberland
County, Pennsylvania.
NOW, this 21st day of September, 2006, before any authority has been given by the Equitable
Owner to the Contractor to commence work on said improvements or purchase materials for the same,
in consideration of the making of said construction contract with Equitable Owner and the further
consideration of One Dollar ($1.00), to Contractor paid by Equitable Owner, it is agreed that no lien
shall be filed against the above-described real estate by Contractor, any sub-contractor, or by any of the
materialmen or workmen or any other person for any labor, materials purchased, extra labor or
materials purchased for the construction of the addition and other improvements, as described above,
the right to file such liens being expressly waived. The Legal Owners join in this Stipulation Against
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liens for the sole purpose of agreeing to the Stipulation Against liens and the waiver of Contractor, to
include subcontractors, materialmen and all workmen, waiving the right to file the lien as described
above.
THIS Stipulation Against liens has been executed by Owner and Contractor as of the 21st day
of September, 2006.
Equitable Owner:
LeTort Group, LLC
By:
Contractor:
D. Terry Miller and Associates, Inc.
By: ~~~~
Name: PJI'f-e IT I. u,t.lI'~C
Title: Ucc/;'-I Nrlc,A.- r
(SEAL)
Legal Owners:
(SEAL)
(SEAL)
Susan K. Eichelberger
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