HomeMy WebLinkAbout94-02690
CASE lVo 2fc, 10
II
JAMES D. HERBST and
KIMBERLY A. HERBST,
Owners
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
NO. q 4 - iJ.~9 D !fA l. Q ~ (;.ywt
v.
.
.
:
W. LEE ROLAND, tja
W. LEE ROLAND, BUILDER
Contractor
FILED: )) J dD, 1994
STIPULATION AGAINST LIENS
WHEREAS, JAMES D. HERBST and KIMBERLY A. HERBST, adult
individuals, owners of the real estate described below, have or
are about to execute a Standard Form of Agreement Between Owner
and Contractor with W. LEE ROLAND, tja W. LEE ROLAND, BUILDER,
the Contractor, an individual having a place of business located
at 337 West Meadow Drive, Mechanicsburg, Pennsylvania, for the
erection of a residence upon lands situate in Upper Allen Town-
ship, Cumberland County, Pennsylvania, more particularly bounded
and described on Exhibit "A", appended hereto and made a part
hereof.
NOW, THEREFORE, this 18th day of May, 1994, before any
authority has been given by JAMES D. HERBST and KIMBERLY A.
HERBST to W. LEE ROLAND, tja W. LEE ROLAND, BUILDER, the Contrac-
tor, to commence work on said residence, or purchase materials
for the same, under the terms and provisions of the above Agree-
ment, in consideration of making of the above-described Agreement
with W. LEE ROLAND, tja W. LEE ROLAND, BUILDER, the Contractor,
and in further consideration of One Dollar ($1) paid to the
Contractor by JAMES D. HERBST and KIMBERLY A. HERBST, Owners, the
.. .
receipt whereof is hereby acknowledged, it is agreed that no
liens or claims shall be filed or maintained against the Owners'
residence and the land above-described by the Contractor, or any
subcontractor, or by any of the materialmen or workmen or any
other person acting through or under him or them, for or on
account of any labor, or materials purchased, or extra labor or
materials purchased for, towards, in or about the erection,
construction 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 land above-described
being hereby expressly waived by the Contractor for himself, his
subcontractors, all materialmen or workmen and others acting
through or under him or them.
IN WITNESS WHEREOF, each of the parties, individually or by
their duly authorized representative, have hereunto executed the
Stipulation Against Liens this ~~~day of May, 1994.
WITNESS:
~ f)4~
~ ... _ . /t./ (SEAL)
J S D. HERBST
v'
~/C ;4~
KIMBERLY A. HERBST
-~~~
~ ~ {?'.Hc-!L
(SEAL)
"Owners"
IlL, 11
) ,.
/
';
J ,}
d . ./~."
W. L E ROLAND
/)'j 1
k:'{:t,,-/I.. (SEAL)
\)"- '" f.,.J
"Contractor"
-2-
".
" .
.
ALL THAT CERTAIN piece or parcel of land situate in Upper
Allen Township, Cumberland County, Pennsylvania, bounded and
described as follows, to wit:
BEGINNING on the southern dedicated right-of-way line of
Kendall Drive, said point being on the dividing line between Lot
Nos. 2 and 3 on the hereinafter mentioned Plan of Lots; thence
continuing along said dividing line South 42 degrees 32 minutes
39 seconds West, two hundred and zero one-hundredths (200.00)
feet to a point; thence North 47 degrees 27 minutes 21 seconds
West, one hundred twenty-five and zero one-hundredths (125.00)
feet to a point; thence North 42 degrees 32 minutes 39 seconds
East, two hundred and zero one-hundredths (200.00) feet to a
point on the southern dedicated right-of-way line of Kendall
Drive; thence continuing along the southern dedicated right-of-
way line of Kendall Drive, South 47 degrees 27 minutes 21 seconds
East, one hundred twenty-five and zero one-hundredths (125.00)
feet to a point on the dividing line between Lot Nos. 2 and 3 on
the hereinafter mentioned Plan of Lots, the place of BEGINNING.
BEING Lot NO.2, Section II on Phase I - Final Subdivision
Plan of Meadowview Estates, said Plan being recorded in the
Cumberland County Recorder of Deeds Office in Plan Book 66,
Page 4.
BEING the same premises which John M. Knaub and Janet D.
Knaub, his wife, by their Deed dated February 22, 1994, and
recorded in the Office of the Recorder of Deeds of Cumberland
County, Pennsylvania, in Deed Book 101, Page 959, granted and
conveyed unto James D. Herbst and Kimberly A. Herbst, his wife,
Owners herein.
UNDER AND SUBJECT, NEVERTHELESS, to the Declaration of
Restrictive Covenants dated April 16, 1993, and recorded in the
Cumberland County Recorder of Deeds Office in Miscellaneous
Book 441, Page 1020, and also to a thirty and zero one-hundredths
(30.00) feet utility and sanitary sewer easement as shown on the
above mentioned Final Subdivision Plan of Meadowview Estates,
said Plan being recorded in the Cumberland County Recorder of
Deeds Office in Plan Book 66, Page 4.
EXHIBIT "A"
~',
'C>
........
.....
en
-
~r:
~ ~;':::~;~
r-l
0:0
....:; :.: :..~
c::>
r-J
-
"'"
=
.~ ~:I.J
.
:;; '-'
~
~
...
,
t- ~
v--
I-r, .
.0
'0 ........
~
"
, '"
~ , ....C
. ~1\ ~
~ "'--J
'-