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ALGIC, LLC,
Owner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 0/- 3/7/ fYlJ..O 14M'-
HUTCH HOMES, INC.,
Contractor
STIPULATION AGAINST LIENS
WHEREAS, ALGIC, LLC, of 355 Arnold Avenue, Harrisburg, PA
17112 (the "Owner") the Owner of the hereinafter described tract
of land, has executed or is about to execute contemporaneously
herewith a contract with HUTCH HOMES, INC. of 414 South York
Street, Mechanicsburg, PA 17055 (the "Contractor") for
improvements to the premises located at 2421 Cope Drive and 2484
Glime Drive, Mechanicsburg, Upper Allen Township, Cumberland
County, Pennsylvania, more particularly described on "Exhibit A"
attached hereto and made a part hereof (the "Premises").
NOW, May 18, 2001, before any authority has been given by
said Owner to the said Contractor to commence work on said
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Premises or to otherwise construct any improvements thereto, or
to purchase materials for the same, or to enter into any
contracts with any subcontractors, or materialmen, or to
authorize any purchases by or through any subcontractors or
materialmen, in consideration of the making of said contract with
the Owner and the further consideration of One Dollar ($1.00), to
Contractor paid by said Owner, and with the intent of all parties
to be legally bound hereby, it is agreed that no lien shall be
filed against the building or Premises or any part thereof, by
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the Contractor or any subcontractor, or by any of the materialmen
or workmen or any other person for any labor, or materials
purchased, or extra labor or materials purchased, for the
building and improvements to the Premises (including hereafter
changes made thereto), the right to file liens being expressly
waived.
It is the full intent of the Contractor, for itself and for
any subcontractors or materialmen claiming for themselves, or by,
through or under the contract or the Contractor, that the right
to file a mechanic's lien, under the provisions of law and/or of
Acts of Assembly in such cases made and provided, for work done
or materials furnished in and about the building and improvements
to the Premises above described is hereby waived.
WITNESS our hands and seals the day and year f'rst above
written.
Witness/Attest:
HUTC
B :
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Exhibit A
2421 Cope Drive
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. !!l!i5101 et sea., 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, and as further amended by Third
Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible
Residential Planned Community ("Third Amendment") dated December
2, 2000, recorded February 26, 2001, in Miscellaneous Book 667,
Page 650, being and designated in such Declaration, as amended,
as Lot No.6 (Identifying Number), as described in Section 2.2 of
the Declaration and shown (and described) in Exhibit L of the
Declaration.
Lot NO.6 contains 9,812.86 square feet, more or less.
BEING Lot No.6, Ashcombe Farms P.R.D. Final-Phase I Site Plat,
dated August 29, 1994, recorded in the Office of the Recorder of
Deeds of Cumberland County in Plan Book 73, Page 13.
BEING PART OF THE SAME PREMISES which Ashcombe Products Company,
a Pennsylvania corporation, by deed dated October 29, 1996,
recorded February 13, 1997, in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, in Deed Book
153, Page 279, granted and conveyed unto Country Square
Partnership, a Pennsylvania general partnership.
2484 Glime Drive
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
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Pa.C.S.A. ~~5101 et ~., 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, and as further amended by Third
Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible
Residential Planned Community ("Third Amendment") dated December
2, 2000, recorded February 26, 2001, in Miscellaneous Book 667,
Page 650, being and designated in such Declaration, as amended,
as Lot No. 107 (Identifying Number), as described in Paragraph 5
of the Third Amendment and shown (and described) in Exhibit B-5
of the Third Amendment.
Lot No. 107 contains 8,895.91 square feet, more or less.
BEING Lot No. 107 on a Final Subdivision Plan titled "Ashcombe
Farms P.R.D. Final-Phase 3A" dated September 1, 2000, recorded in
the Office of the Recorder of Deeds of Cumberland County in Plan
Book 82, Page 125.
BEING PART OF THE SAME PREMISES which Ashcombe Products Company,
a Pennsylvania corporation, by deed dated October 29, 1996,
recorded February 13, 1997, in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, in Deed Book
153, Page 279, granted and conveyed unto Country Square
Partnership, a Pennsylvania general partnership.
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