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HomeMy WebLinkAbout03-1649STIPULATION AGAINST LIENS WILLIAM & MARY JANE STEINHART Owner POLLARD & CO., INC. Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA WHEREAS, William and Mary Jane Steinhart, of 310 W. Green St., Shiremanstown, PA, is about to execute contemporaneously herewith, a contract with Pollard & Co., Inc., Contractor, of P.O. Box 66, Dillsburg, PA 17019, for the erection of a one story residential building upon a lot of land situate in Upper Allen Township, Cumberland County, more fully described in attached Exhibit "A". NOW, April 8, 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. Owner 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. Section 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 Misc. 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 Misc. 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 Misc. 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 Misc. Book 667, Page 650, by Fourth Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community dated July 23, 2001, recorded October 9, 2001, in Misc. Book 681, Page 2801, and as further amended by Fifth Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community ("Fifth Amendment") dated January 29, 2003, recorded February 7, 2003, in Misc. Book 694, Page 1120, BEING AND DESIGNATED in such Declaration, as amended, AS LOT NO. 77 (Identifying Number), described in Paragraph 7 of the Fifth Amendment and shown (and described) in Exhibit D-1 of the Fifth Amendment. LOT NO. 77 CONTAINS 8,182.21 square feet, more or less. BEING LOT NO. 77 on a Final Subdivision Plan titled "Ashcombe Farms P.R.D. Phase 5 Final Subdivision Plan" dated May 31, 2001, last revised, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 86, Page 69. 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 Misc. 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 Misc. 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 Misc. 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 Misc. Book 667, Page 650, Fourth Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community, dated July 23, 2001, reCorded October 9, 2001, in Misc. Book 681, Page 2801, and Fifth Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community dated January 29, 2003, recorded February 7, 2003, in Misc. Book 694, Page 1120, and under and subject to easements and rights-of-way of record and visible by inspection. BEING PART OF THE SAME PREMISES which Country Square Partnership, a Pennsylvania general partnership, by their deed to be recorded simultnaeously herewith, in the office of the Recorder of Deeds of Cumberland County, granted and conveyed unto William E. Steinhart and Mary Jane Steinhart.