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HomeMy WebLinkAbout00-07670 I,. .'.......!o.' ~;,., t . '''" 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, ~tA.~ CONTRACTOR: td 4P~ W. Lee Roland, Builder ~"=" -1.1;...... ~ ".I, ,1,.," , - ,'. ,~ ,j <' . r~ 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. " 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. >. 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. / ,W:" "''''"''''';Ii~' ~' r' '"'''',",~j&tffiI~~li:#~fA~~M''[,,'~ ""-' ~.....- . ~.. ~ ~ ~. ..;? .. 7P 0 () g 0 ~ ~ C ",;, es. ~ a :::1 ')f=- -om " ii,:IJ mrn --< . Z:D "~I - W \:JrTI e; ~ <:::> 75; ;pC( c: ~z c> ~0 (C;" ~CJ " - =H -, W o-=- ~ ~8 :]I: ~, iS~ -J::. >c: - V .' ~ ~ w .1; C? cJ1 -< f::' c=; ~ ~ ~ ~ ~ CiS J .