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HomeMy WebLinkAbout03-0482Stipulations Against Liens JACOB D. ENSMINGER ENSMINGER BUILDER, INC. In the Court of Common Pleas County of Cumberland Docket Number Page Number , Pennsylvania Whereas, JACOB D. ENSMINGER, hereinafter called the Owner, is about to execute contemporaneously with ENSMINGER BUILDER, iNC. of EAST CHOCOLATE AVENUE, HERSHEY, DAUPHIN COUNTY, PA, hereinafter called the Contractor, a contract for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 4830 OAKMONT GREEN, Mechanicsburg, PA 17055, LOT NO. 8 - GRANDON FARMS, , Cumberland County, PENNSYLVANIA described in Exhibit "A" hereof, of which JACOB D. ENSMINGER is the title holder of record, as more particularly described in Deed Book , Page ' and Now, January 16, 2003, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the Owner to the Contractor to commence work on said building or improvement, to purchase materials for the same, it is hereby stipulated and agreed by and between said parties as part of said contract and for the consideration therein set forth, nether the undersigned Contractor, any Sub-contractor or material man, nor any other person furnishin9 labor or materials to the said Contractor under the contract entered into between said parties shall file a lien for work done or material furnished to said building, improvements or any part thereof. This stipulation is made and intended to be filed with the Prothonotary within 10 days after date in accordance with the requirements of the Act of August 24, 1963, P.L. 497, as amended, In Witbess Whereof, the said parties have hereunto set their hands and seal the day and year aforesaid. Signed and sealed in the presence of: ENSMINGER BUILDER, INC, B D, ENSMING'LL'~ 009678-00004/December 17, 2002/RWS/DcP/166337 ~O~ERT P. 7IEOLER '0,3 Jt N 9 Rlq 11 Deed Tax Parcel No. ~ THIS INDENTURE made this o~0/'8'day of~ in ~he year of our Lord Two Thousand Two (2002) between JIM JAM, -- · LLP, a Pennsylvania limited liability parmership, of Hampden Township, Cumberland County, Pennsylvania hereinafter called "Grantors', and JACOB D. ENSMINGER, hereinafter called "Grantee-. gR. WITNESSETH: That the said Grantors, for and in consideration of the sum of Sixty-Five Thousand ($65,000.00) Dollars. lawful money of the United States of'America, unto it well and truly paid by the said Grantee al. and before thc sealing and delivery, of these presents, receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, enfeoffed, released and contirmed, and by these presents do grant, bargain, sell. alien, enfeoff, release and confim~ unto the said Cn-antee, his sucoessors and assigns, ' - ALL THAT CERTAIN Unit and the property known, named and identified in thc Declaration referred to below as "Grandon Farms, Planned Community", · Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Planned Community Act, 68 Pa. C.S.A. §8 5101 located m Harnp~cn Township, Cumberland County, ,Deeds of Cumberland Count-, ,-¢- ~,- , ~-. ? se-~qt., by the recording in Uniform · .~ ,,-,, ucc~aranon, elated October 23, 1997fund the Office of the Recorder of in Miscellaneous Book 561, Page 56, which has been amended by a First Amendment to Declaration recorded November 3, 1997, dated June 29. 1998, and recorded on June 29, 1998, ha Miscellaneous Book 580, Page 597, which has been further amended by a Second Amendment to Declaration dated December 11, 1998 and recorded on December 17, 1998, in Miscellaneous Book 597, Page 1144, which has been further amended by a Th/rd Amendment to Declaration dated June 4, 1999, and recorded on June 25, 1999. in Miscellaneous Book 617, Page 426, wb./ch has been further amended by a Fourth Amendment to D~laration dated July 23, 1999, and recorded on July 29, 1999, in Miscellaneous Book 620, Page 644, being and designated in such Declaration as Unit No. 8, which said Unit is more fully described ha said Declaration and is shown on the Declarat/on Plan recorded ha Right of Way Plan Book 11, Page 112, as amended by First Amendment to Declarat/en Plan recorded in Right of Way Plan Book 12, Page 6, as further amended by Second Amendment to Declaration Plan recorded in Right of Way Plan Book 12. Page 39, as further amended by Third Amendment to Declaration Plan recorded ha Right of Way Plan Bo~k 12, Page 66. ,O, 09678-O000~/December 17, 2002/RWS/DCP/166337 as ~ ~ge 102, as further IX Plan B way Plan Book BEING TItE SAlliE PREIHISE$ which Steven L. Flora and Andrew D. Stum, by their deed dated January 30, 2002, and recorded on April 4, 2002, in the Office of the Recorder of Deeds of Cumberland County, in Deed Book 251, Page 560, granted and conveyed unto JIM/AM, LLP, Grantor herein. TO HAVE AND TO IiOLD the said Unit, above-described, and the Hereditaments and Premises hereby granted or mentioned and intended so to be, with the appurtenances unto the said Grantee, his successors and assigns, to and for the only property use and behoof of the said Csrantee, his successors and assigns forever. AND the said Grantors, for themselves and their heirs, successors and assigns, do by these presents covenant, grant and agree to and with the said Grantees, their successors and assigns, that they, the said Grantors and their heirs, successors and assigns, all and singular Hereclitarnents and Premises hereinbefore described and granted, or mentioned and intended so to be, with the appurtenances, unto said Grantee, his successors and assigns, against the said Grantors, their heirs, successors and assigns, and against ever other person or persons whomsoever lawfully claiming or to claim /he same or any part thereof, by, from or under them, and any of them_, shall and will, subject to the aforesaid, sPECIALLY' WARRANT and DEI~ND. IN WITNESS WHEREOF, the Grantors have caused these presents to be exccuted the day and year first- above written. Signed, Sealed and Delivered in the Presence of: Ga:El £0, £0 8~ £0d 9ES -55 ":."!858 ~1 . 0.09~78-00004/December 17. 2002/RwS/DCP/166337 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND :SS: , o. th d y of James E. Grandon, Sr., who aclmowl~dgcd 20.02~, ?£ore me, the undersigned officer ..... · p~zsonal! gcn~ma~ partner o£ JIMSAM [r p ..... ' ,. .Y. ppearcd such partner, being authorized to do so, executed the foregoing insl~ment for the PUrposes therein contained by signing ' --~' ' ~ la~r[12e~Stllp, anti Lllat he as the name of the parmership as a partner. IN WITNESS WI-IEREOF, I hercunte set my hand and official seal. l/COMMONV~ALTH OF PENNSYLVANIA such partner, being authorized to do so, executed the foregoing instruraent for the purposes thcrein contained by signing the name of the parmership as a panner. IN WITNESS WHEREOF, ! hereunto set my hand and official seal. 255 cr .359 0£:~T £0, %'0 83-1 ~3~qI~8 ~39NIWSN3 £8G£££SLTL I.I O09678-O0004/December 17, 2002/RWS/DCP/166337 I hereby certify that the precise address of the Grantee here/n is as follows: COMMONWEALTH OF PENNSYLVANIA : COUNTy OF CU1V~ERLAND :SS RECORDED on this __ _ day of A.D. 2002,/n the Recorder's office of the said County, in Deed Book _ __ , Page~ -- - Given under my hand and the seal of the said office, the date above written. __, Recorder Certify this to be recorded In Cumberland C, omlty .,. 0£:~I £0, £0 255 P :1.360