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STIPULATION AGAINST LIENS
David W. Earhart and Ginger R
Earhart,
IN THE COURT OF COMMON PLEAS
Owner
Cumberland COUNTY,
PENNSYLVANIA
V.
Tiday Property Management, LLC,
Contractor
NO. /D
WHEREAS, David W. Earhart and Ginger R. Earhart of 6342 Galleon Drive, Mechanicsburg,
PA 17050, is about to execute contemporaneously herewith, a contract, with Tiday Property
Management, LLC of 2 W. Mulberry Hill Rd., Carlisle, PA, for the erection of a building upon
premises commonly known as 220 Dunbar Drive, Township of Silver Spring, Cumberland
County, Pennsylvania, as set forth in the deed dated 04/14/04, recorded at Deed Book 262,
Page 2572 (part of), in the Recorder's Office for Cumberland County, Pennsylvania, as more
specifically described in Exhibit "A" which is incorporated herein and attached hereto.
NOW, August 6, 2010, at the time of 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 Contractor and the further consideration of One
Dollar ($1.00), to contractor pid by Owner, it is agreed that no lien shall be filed against the
building by the Contractor, or !any subcontractor, nor 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 erection of said building, the right to file such liens being expressly
waived.
WITISV $, o4r hands and semis the day and year aforesaid.
SIGNED AIZD SEALED IN THE PRESENCE OF: CONTRACTOR: Tiday Property Management, LLC
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+ By: Ja Tiday, Member
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David W. Earhart
Ginger R. E art
EXHIBIT "A"
ALL THAT CERTAIN tract or parcel of land,being situated in Silver Spring Township,
Cumberland County, Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point located on the eastern right-of-way line of Dunbar Drive (50-
foot right-of-way) at the thwest comer of Lot 12 on the hereinafter referenced plan; thence
dong the southern bound line of Lot 12, North 69 degrees 09 minutes '10 seconds East, a
distance of 197.01 feet to a point at the southeast comer of Lot 12 and the northwest corner of
Lot 22 of Millfording Highlands, Phase I; thence along the western boundary line of Lot 22,
South 15 degrees 08 minutes 12 seconds East, a distance of 100.50 feet to a point at the northeast
of corner of Lot 10 on the hereinafter referenced plan; thence along the northern boundary line of
Lot 10, South 69 degrees 09 minutes 10 seconds West, a distance of 187.01 feet to a point on the
eastern right-of-way line of Dunbar Drive; thence along Dunbar Drive, North 20 degrees 50
minutes 50 seconds West,' a distance of 100.00 feet to a point, the point and place of
BEGINNING.
BEING Lot No. 11 on the Final Subdivision Plan of Millfording Highlands, Phase II,
recorded September 3, 2009,' in the Cumberland County Recorder of Deeds Office in Instrument
Number 200931000, and CONTAINING 19,200.81 square feet or 0.4408 acres.
ALSO BEING that, certain Unit, being Unit No. 11 (the 'Unit"), of Millfording
Highlands, a Planned Community, which Unit is designated in the Declaration of Covenants and
Restrictions for Millfordin Highlands, a Planned Community
Declaration Plats and plans r? orded as an exhibit thereto in the Office (of the'Recorder of Deeds
of Cumberland County, Pennsylvania, to Instrument Number 200730960, together with any and
all amendments thereto.
THE GRANTEES, for and on behalf of the Grantees and the Grantees' heirs, personal
representatives, successors "and assigns, by executing this deed herein below, covenants and
agrees to pay such charges for maintenance, repair, replacement and other expenses in
connection with the Commbn Elements, as may be assessed against him, her, them, it, or against
the said Unit, from time to time by the Executive Board of Millfording Highlands Homeowners'
Association in accordance,4ith the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S.
§5101 et. Seq. (the "Act'), and further covenants and agrees that the Units conveyed by this deed
shall be subject to alien for all amounts so assessed, except insofar as §5407(c) of the Act may
relieve a subsequent unit owlner of liability for prior unpaid assessments. This covenant shall run
with and bind the Units hereby conveyed and all subsequent owners thereof.
Grantees, by executing this Deed herein below, acknowledge that the residential
community known as Millfording Highlands located along Millfording Road adjoins a quarry
operation presently operated; by Pennsy Supply. Furthermore, Grantees on their behalf as well as
their heirs and assigns, specifically waive any rights they may have to oppose any aspect of the
said quarry operation so Ion as it complies with federal, state and local laws as they affect and
govern the operation of a sto?e quarry.
UNDER ANDS CT, NEVERTHELESS, to the Declaration, and all amendments
thereto, all easements, restrictions, encumbrances and other matters of record or that which a
physical inspection or survey of the premises would reveal.
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