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HomeMy WebLinkAbout03-1085STIPULATION AGAINST LIENS GARY A. MICULITA SR. & VICKY M. MICULITA, his wife POLLARD & CO., INC. Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA WHEREAS, Gary A. Miculita, Sr. & Vicky M. Miculita, his wife, of 4706 N. Clearview Dr., Camp Hill, PA, is about to execute comemporaneously herewith, a contract with Pollard & Co., Inc., Contractor, of P.O. Box 66, Dillsburg, PA 17019, for the erection ora one story residential building upon a lot of land situate in Upper Allen Township, Cumberland Coumy, more fully described in attached Exhibit "A". NOW, MARCH 6, 2003, at the time 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 Owner and the further consideration of One Dollar to Contractor paid by Owner, it is agreed that no lien shall be filed against the building by the Contractor, or any sub-contractor, nor by any of the material men or workers 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. WITNESS: Pollar'~'"~Co., Inc. Contractor ALL THAT CERTAIN Lot in the property known, named and identified in the Declaration, referenced below, as "Ashcombe Farms P.R.D., a Planned Community," located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A. §§ 5101 et seq., as amended, by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community ("Declaration"), dated April 6, 1998, recorded April 13, 1998, in Miscellaneous Book 573, Page 407, as amended by First Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community, dated March 13, 1999, recorded March 19, 1999, in Miscellaneous Book 607, Page 440, by Second Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community, dated September 29, 1999, recorded October 13, 1999, in Miscellaneous Book 627, Page 652, by Third Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community, dated December 2, 2000, recorded February 26, 2001, in Miscellaneous Book 667, Page 650, and as further amended by Fourth Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community ("Fourth Amendment") dated July 23, 2001, recorded October 9,' 2001, in Miscellaneous Book 681, Page 2801, being and designated in such Declaration, as amended, as Lot No. 34 (Identifying Number), described in Paragraph 6 of the Fourth Amendment to Declaration and shown (and described) in Exhibit C-1 of the Fourth Amendment. Lot No. 34 contains 10,429.34 square feet, more or less. BEING LOT NO. 34 on a Final Subdivision Plan titled "Ashcombe Farms P.R.D. Final-Phase 4 Plat and Plan" dated February 28, 2001, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 84, Page 10. UNDER AND SUBJECT to restrictions and covenants of record, including, but not limited to, Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community, dated April. 6, 1998, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 573, Page 407, FirSt Amendment to Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated March 13, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 607, Page 440, Second Amendment to Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated September 29, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 627, Page 652, Third Amendment to Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated December 2, 2000, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 667, Page 650, and Fourth Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community ("Fourth Amendment") dated July 23, 2001, recorded October 9, 2001, in Miscellaneous Book 681, Page 2801, and under and subject to easements and rights-of-way of record and visible by inspection.