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HARVEY J. KUTZ, and
MELISSA P. KUTZ, his wife,
(OWNER)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.iro / 70 70 ~
vs.
W. LEE ROLAND, BUILDER,
(CONTRACTOR)
Lot #16, EMLYN LANE, MECHANICSBURG
CUMBERLAND COUNTY, PENNSYLVANIA
STIPULATION AGAINST LIENS
WHEREAS, Harvey J. Kutz and Melissa p, Kutz, his wife, the OWNER of the reai estate described
below, has or is about to execute a cO'ltlac~with W. Lee Roland, Builder , whose principal
business address is 'Ss7 II\I"-~ }J\~ .<.oJ ~ ,~, flJ" , Pennsylvania, to construct a
single family dwelling upon lands situate at Lot #16, Emlyn Lane, Mechanicsburg, Cumberland County,
Pennsylvania, and more particularly bounded and described on Exhibit" A" attached hereto and made a part
hereof; and,
NOW, THEREFORE, this ~ k II- day of Oc \4..- , 2000, before any authority had been given
by W. Lee Roland Builder to commence work on said facilities, or purchase materials for same,
in consideration of making of the above-described Contract with Harvey J. Kutz and Melissa P. Kutz, his
wife, Owner, and in further consideration of One ($1.00) Dollar paid to the general contractor by Harvey J,
Kutz and Melissa p, Kutz, his wife, Owner, the receipt whereof is hereby acknowledged, it is agreed that no
liens or claims shall be filed or maintained against the Owner's facilities and the land above-described, or
upon Harvey J, Kutz and Melissa P. Kutz, his wife, the Owner, by the general contractor, or any of its
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 purchased 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, the land
above-described, and Harvey J. Kutz and Melissa P. Kutz, his wife, the Owner, being hereby expressly
waived by the general contractor for itself, its subcontractors, all materialmen, or workmen and other acting
through or under them.
IN WITNESS WHEREOF, each of the parties by their duly authorized representatives have hereunto
the Stipulation Against Liens this(;lI-{1I-day of O~ , 2000,
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CONTRACTOR:
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W. Lee Roland, Builder
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ALL THAT CERTAIN Lot in the property known, named and identified
in the Declaration, referred to below, as "Lindenwood, a Planned ..~
Community," located in Upper Allen Township, Cumberland County,
Pennsylvania, which has heretofore been submitted to the
provisions of the PennsYbvania Uniform Planned Community Act, 68
Pa.C.S.A. Sections 5101 et seg., by the recording in the Office
of the Recorder of Deeds of Cumberland County, Pennsylvania, the
Declaration for Lindenwood, a Planned Community . ("Declaration" ) ,
dated August 28, 1997, recorded August 28, 1997, in Miscellaneous
Book 555, Page 806, and as amended by First Amendment to
Declaration for Lindenwood, a Planned Community ("First
Amendment"), dated April 28, 1999, recorded April 28, 1999, in
the Office of the Recorder of Deeds of Cumberland County,
Pennsylvania, in Miscellaneous Book 611, Page 193; designated in
such Declaration (as amended by the First Amendment) as Lot No.
16 (Identifying Number), described in Section 2.2 of the
Declaration (as amended by the First Amendment) and shown (and
described) in Exhibit E of the Declaration or Exhibit B-1 of the
First Amendment.
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CONTAINING 1.02 acres, moreior less.
. ,
BEING LOT NO. 16, Final Subdivision Plan of Phase II, Lindenwood,
dated December I, 1998, last revised March 25, 1999, recorded in
the Office of the Recorder of. Deeds of Cumberland County,
Pennsylvania, in Plan Book 78, Page 121.
BEING PART OF the same premises which Fred L. Glaize, Jr. Trust
and Fred L. Glaize and Elizabeth G. Helm, co-executors of the
Estate of Fred L. Glaize, Jr., by Deed, dated May I, 1997, and
recorded May 2, 1997, in_the Office of the Recorder of Deed~ in
and for Cumberland County, Pennsylvania, in Deed Book 156, Page
1042, granted and conveyed unto Lindenwood, Inc.
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UNDER AND SUBJECT to any and all restrictive covenants,
conditions, restrictions, rights-of-way, easements and agreements
of record, including, but not limited to, Final Subdivision Plan
for Phase I, Lindenwood, dated February 3, 1997, _~ast revised
July 17, 1997, recorded in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania, in Plan Book 75, Page 29 and
Final Subdivision Plan of Phase II, Lindenwood, dated December 1,
1998, last revised March 25, 1999, recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania, in Plan
Book 78, Page 121.
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