HomeMy WebLinkAbout02-2907GEORGE S. LENHART, III AND
DONNA L. LENHART
Owners
-AND-
MARK ELMORE
A to Z CONCRETE SPECIALLqTS
Subcontractor
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
STIPULATION AGAINST I.IP. NS
WHEREAS, GEORGE S. LENHART, III AND DONNA L. LENHART, ("Owner"), the
owners of the real estate described below, and acting as General Contractor, has or is about to
execute a Cunlract with A to Z Concrete Speeiali~.~ whose place of business is located at 1306
Chatham RooxL Caren Hill. PA 1701 ! for new home construction on Unit No. 15, River Bend,
and more particularly bounded and described on Exhibit "A", attached ha~to and made a part
hereof; and
NOW, THEREFORE, this !5th day of April, 2002, before any authority had been given
by Owner to Subcontractor to commence work on said facilities or purchase materials for same,
in consideration of making of the above-described Contract with Owner, and in further
consideration of One ($1.00) Dollar paid to Subcontractor by Owner, the receipt whereof is
hereby acknowledged, it is agreed that no liens or clalm.~ shall be filed or maintained against the
Owner's facilities and the land above- described by thc 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 purehs,~:d for, towards, in or about
the erection, construction, design and improvement of said facilities, under said contract or
otherwise, the right to have, file and maintain such liens or claims against the facilities and the
land above-de-~zribed' being hereby expressly waived by the Subcontractor for itself, all
mm__,vri~en, or workmen and others acting through or under them. Furthermore, the
Subcontractor, waL,~ri~en, workmen and all others acting through or under them hereby waive
the right to file for mechanics liens against the land or any part of the property/dwelling.
IN WITNESS WHEREOF, each of the parties, by their duly authorized rep~sentatives,
have hereunto executed the Stipulation Again~ Liens this 15th day of Aoril. 2002.
WITNESS:
WITNESS:
SUBCONTRACTOR:
( Mark Eimore- A ~ Z Concrete Specialists)
EXHIBIT "A"
ALL THAT CERTAIN piece, parcel or lot of lands situate in East Pennsboro Township,
Cumberland County, Pennsylvania; designated as Unit No. 15 on the Preliminary/FinaJ
Subdivision Plan by Rettew Associates, for River Bend, A Planned Community dated November
15, 1996, last amended January 7, 1999 and recorded in the Office of the Recorder of Deeds in
and for Cumberland County on February 24, 1999, in Plan Book 78, Page 75, and being
designated as Unit No. 15 in a Declaration of River Bend, a Planned Community, dated October
9, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in
Miscellaneous Book 591, Page 477, being further bounded and described as follows, to wit:
BEGINNING at a point on the Northerly right-of-way line of Leeward Lane at a corner of Lot No.
16; thence by said right-of-way hne the fo owing four (4) courses and distances: (1) by a line
curving to the left and having a radius of 355.00 feet, an am length of 55.98 feet and a chord
bearing of South 83 degrees 52 minutes 36 seconds West, a distance of 55.92 feet to a point;
(2) South 79 degrees 21 minutes 34 seconds West, a distance of 146.17 feet to a point; (3) by a
line curving to the right and having a radius of 20.00 feet, an arc length of 19.25 feet and a
chord bearing of North 73 degrees 03 minutes 56 seconds West, a distance of 18.52 feet to a
point; (4) by a line curving to the left and having a radius of 50.00 feet, an arc length of 52.84
feet and a chord bearing of North 75 degrees 45 minutes 58 seconds West, a distance of 50.42
feet to a point on the SoutherJy line of a 40 foot wide access easement for a private road;
thence along said access easement the following five (5) courses and distances: (1) North 39
degrees 37 minutes 11 seconds West, a distance of 10.97 feet to a point; (2) by a Jine curving
to the right and having a radius of 30.00 feet, an arc length of 49.89 feet and a chord bearing of
North 08 degrees 01 minutes 20 seconds East, a distance of 44.34 feet to a point; (3) North 55
degrees 39 minutes 50 second East, a distance of 89.38 feet to a point; (4) by a line curving to
the left and having a radius of 405.00 feet, an arc length of 149.27 feet and a chord beadng of
North 45 degrees 06 minutes 19 seconds East, a distance of 148.43 feet to a point; (5) by a line
curving to the right and having a radius of 365.00 feet, an am length of 116.27 feet and a chord
beedng of North 43 degrees 40 minutes 20 seconds East, a distance of 115.78 feet to a point at
a comer of Lot No. 16; thence by Lot No. 16, South 01 degrees 36 minutes 22 seconds East, a
distance of 276.22 feet to a point, the Place of BEGINNING.
CONTAINING 43.564 square feet or 1.00 acre.
BEING the same premises which River Bend Management Limited Partnership by its Deed
dated August 29, 2001 and recorded September 5, 2001, in the Office of the Recorder of Deeds
in and for Cumberland County, in Deed Book 248, Page 1291, granted and conveyed to
George S. Lenhart, III and Donna L. Lenhart, husband and wife.
:281221
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Central Penn Property Serv Inc is the grantee the same having been sold to
said grantee on the 5th day of March A.D., 2003, under and by virtue ora writ Execution issued on the
8th day of October, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term,
2000 Number 2907, at the suit of Associates C D C against Robert L Robinson Sr aka Robert & Carol J
aka Caorl is duly recorded in Sheriff's Deed Book No. 256, Page 2849.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this J ~o day of
~ , A.D. 2003
f~' cO-°V~Rec rder of Deeds
Associates Consumer Discount Co.
VS
Robert L. Robinson, Sr. a/k/a Robert
Robinson and Carol J. Robinson a/k/a
Carol Robinson
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2000-2907 Civil Term
Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states
that on January 22, 2003 at 5:02 o'clock PM, he served a true copy of the within Real
Estate Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Robert L. Robinson, Sr. a/k/a Robert Robinson, by making known
unto Robert Robinson, Sr., at 17 Kenneth Ave., Shippensburg, Cumberland County,
Pennsylvania, its contents and at the same time handing to him personally the said true
and correct copy of the same.
Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states
that on January 22, 2003 at 5:02 o'clock PM, he served a true copy of the within Real
Estate Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Carol J. Robinson a/k/a Carol Robinson, by making known unto
Robert Robinson, Sr., husband of defendant, at 17 Kenneth Ave., Shippensburg,
Cumberland County, Pennsylvania, its contents and at the same time handing to him
personally the said true and correct copy of the same.
Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states
that on January 13, 2003 at 9:09 o'clock A.M., he posted a true copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of Robert L. Robinson, Sr. a/k/a Robert Robinson and Carol J. Robinson a/k/a
Carol Robinson located at 73 Sandbank Road, Shippensburg, Pennsylvania, according to
law.
R. Thomas Kline, Sheriff, who being duly sworn according to law says he served
the above Real Estate Writ, Notice, Poster and Description in the following manner: The
Sheriff mailed a notice of the pendency of the action to one of the within named
defendants to wit: Robert L. Robinson, Sr. a/k/a Robert Robinson, by regular mail to his
last known address of 17 Kenneth Ave., Shippensburg, PA 17257. This letter was mailed
under the date of January 23, 2003 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law says he served
the above Real Estate Writ, Notice, Poster and Description in the following manner: The
Sheriff mailed a notice of the pendency of the action to one of the within named
defendants to wit: Carol J. Robinson a/k/a Carol Robinson, by regular mail to her last
known address of 17 Kenneth Ave., Shippensburg, PA 17257. This letter was mailed
under the date of January 23, 2003 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on March 5, 2003 at 10:00 o'clock A.M. He sold the same for the
sum of $1.00 to Central Penn Property Services, Inc.. It being the highest bid and best
price received for the same, Central Penn Properties Services, Inc. of 100 South 7th
Street, Akron, PA 17501, being the buyer in this execution, paid to SheriffR. Thomas
Kline the sum of $47,800.40.
Sheriffs Costs:
Docketing $30.00
Poundage 900.00
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 4.58
Certified Mail 4.56
Levy 15.00
Surcharge 30.00
Law Journal 339.80
Patriot News 319.24
Share of Bills 25.34
Distribution of Proceeds 25.00
Sheriffs Deed 40.00
$1,805.02
Sworn and subscribed to before me
So Answers:
Real Estate Deputy
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
: SS.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
JANUARY 31, FEBRUARY 7, 14, 2003
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL F.~TATE aALE NO. I
Writ No. 2000-2907 Civil
Associates Consumer
Discount Company
VS.
Robert L. Robinson, Jr.,
a/k/a Robert Robinson and
Carol J. Robinson,
a/k/a Carol Robinson
Atty.: Frank Federman
ALL that certain lot of ground with
improvements erected thereon situ-
ate in the Township of Southampton,
County of Cumberland and Com-
monwealth of Pennsylvania, bound-
ed and described as follows, to wit:
BEGINNING at a stake at corner
of land now or formerly of William
E. Golden et ux and corner of land
now or formerly of Boyd Johnson;
thence by land of Golden South
sixty-one (61) degrees West two
//~ Lisa Marie Co~e, Editor
/_.~WORN TO AND SUBSCRIBED before me this
14 day of FEBRUARY, 2003
then~ b~-}'~nd of
sixty-one (61~ degrees West two
hundred forty-seven and five tenths
(247.5} feet to an iron pin; thence
along private lane South thirty-two
(39.} degrees East three hundred
forty-seven (347) feet to a stake;
thence along land now or formerly
of Robert Robinson North sixty-one
(61} degrees East two hundred forty-
seven and live tenths [247.5} feet:
thence North thirty-two (B2} degrees
West three hundred forty-seven (347~
feet to the place of BEGINNING.
BEING Lot No. 2 of the same
tract which Amanda Robinson, widow
and single woman, by her deed dat-
ed January 14, 1971, and recorded
in the Office of the Recorder of
Deeds, in and for Cumberland Coun-
ty, Pennsylvania, in Deed Book "y~,
Volume 23, at Page 232, conveyed
to Raymond Robinson, Jr., one of
the Grantors herein.
TOGETHER with the right to use
the right-of-my extending from the
land herein conveyed to the Town-
ship Road #
, and extending
along the Glenn Smith land, said
right-of-way to have a width of
thirty-three (33} feet, said right to
exist in the Grantees, their heirs and
assigns in conjunction with the
Grantors, their heirs and assigns.
BEING the same premises that
RAYMOND ROBINSON, JR. AND
MARY B. ROBINSON, by it's deed
dated 11/27/78 and recorded in
the Office of Recorder of Deeds in
and for CUMBERLAND County,
Pennsylvania on 11/28/78 in Deed
Book Volume E-28, Page 137, grant-
ed and conveyed unto ROBERT
ROBINSON AND CAROL ROBINSON,
Grantor herein.
PREMISES BEING KNOWN AS
73 SANDBANK ROAD, SHIPPENS_
BURG, PA 17257.
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst.
Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of
Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg,
County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September
18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of January and the 4th and
11th day(s) of February 2003. That neither he nor said Company is interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
COPY _.sworn !o =_~d _~'!h~'ihm~l he. fore me this 14th day of Eeb~uary 2003 A D
Notarial S~ar~ ?/-"~ / / -~ ~'~/ ' '
S A L E #1 TerryL. RusselI, NotaryPu_bli~
City Of Harrisburg, Dauphin C~..~..,_ ~'~_.J'~...__ - t..-' ~--~/._//./_v. __ _ ~ ~.~.~ _/'.~.~.-/__ .~ ~ J
My Commission Expires June 6, 2006 ~ f~OTARY PUBLIC
Member' Pennsylvania Ass°dati°n Of N°taries My commission expires June 6, 2006
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$ 317.49
$ 1.75
$ 319.24
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-New~, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
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