HomeMy WebLinkAbout99-06067
LINDENWOOD, INC. IN THE COURT OF COMMON PLEAS
Owner CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 019• Lob'/ M4g T ,
FARINELLI CONSTRUCTION, INC.
Contractor
STIPULATION AGAINST LIENS
WHEREAS, LINDENWOOD, INC., of 619 South Market Street,
Mechanicsburg, Cumberland County, Pennsylvania 17055, (the
"Owner") the Owner of the hereinafter described tract of land,
has executed or is about to execute contemporaneously herewith a
contract with FARINELLI CONSTRUCTION, INC. of 3 Kacey Court Suite
301, Mechanicsburg, Pennsylvania 17055, (the "Contractor") for
improvements to the premises located at Upper Allen Township,
Cumberland County, Pennsylvania, more particularly described or.
"Exhibit All attached hereto and made a part hereof (the
"Premises").
NOW, July c'! , 1999, before any authority has been given by
said owner to the said Contractor to commence work on said
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
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 first above
written.
wit
Witness
LINDENWOOD, INC.
INC. /
Exhibit A
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 Pennsylvania Uniform Planned Community Act, 68
Pa.C.S.A. Sections 5101 it sea., 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.
12 (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-2. of the
First Amendment.
CONTAINi:dG 3.64 acres, more or less.
BEING LOT NO. 15, Final Subdivision Plan of Phase II, Lindenwood,
dated December 1, 1998, last revised April 14, 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 1, 1997, and
recorded May 2, 1997, in the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania, in Deed Book 156, Page
1042, granted and conveyed unto Lindenwood, Inc.
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