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Home My WebLink About02-0179STIPULATIONS AGAINST LIENS JEFFREY & RUTH OATES Owner POLLARD & CO., INC. Comractor I N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. mW WHEREAS, Jeffrey & Ruth Gates, of 3 G-lend~le Dr., Mechanicsburg, PA 17055, is about to execute contemporaneously herewith, a contract with Pollard & Co., Inc., Contractor, of P.O. Box 66, Dillsburg, PA 17019, for the erection of a one story residential building upon a lot of land situate in Upper Allen Township, Cumberland County, more fully described in attached Exhibit "A". NOW, Javoory 11, 2002, at the time and immediately before the execution of the principal contract, and before any authority has been ~iven 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 Owner and the further consideration of One Dollar to Contractor paid by Owner, it is agreed that no lien shall be filed against the building by the Contractor, or any sub-contractor, nor by any of the material men or workers 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. WITNESS our hands and seals the day and year aforesaid. WITNESS: Contractor 010095-000904.02.01/RHW/KLT/144927.1 DEED Tax Parcel No. thousand one (2001) in the year of our Lord two BETWEEN COUNTRY SQUARE PARTNERSHIP, a Pennsylvania General Partnership, Grantor and JEFFREY L. GATES and RUTH V. GATES, husband and wife, Grantees WITNESSETH, that the said Grantor, for and in consideration of the sum of Forty Six Thousand ($46,000.00) Dollars, together with other good and valuable consideration, lawful money of the United States of America, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold, aliened, enfeoffed, released and confirmed, and by these presents does grant, bargain, sell, alien, enfeoff, release and convey and confirm unto the Grantees, their heirs and assigns, ALL THAT CERTAIN Lot in the property known, named and identified in the Declaration, referenced below, as "Ashcombe Farms P.R.D., a Planned Community," located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa.C.$.A. §§ 5101 et seq., 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 ~,~0, 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, by Third Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community, dated December 2, 2000, recorded February 26, 2001, in Miscellaneous Book 667, Page 650, and as further amended by Fourth Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community ('1=ourth Amendment'3 dated July 23, 2001, recorded October 9, 2001, in Miscellaneous Book 681, Page 2801, being and designated in such Declaration, as amended, as Lot No. 44 (Identifying Number), described in Paragraph 6 of .the Fourth Amendment to Declaration and shown (and described) in Exhibit C-1 of the Fourth Amendment. 0,1 O095~O009104.0 2.011RHW IKL T I144 92 7.1 Lot No. 44 contains 13,970.18 square feet, more or less. BEING LOT NO. 44 on a Final Subdivision Plan titled "Ashcombe Farms P.R.D. Final-Phase 4 Plat and Plan" dated February 28, 2001, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 84, Page 10. BEING PART OF THE SAME PREMISES which Ashcombe Products Company, a Pennsylvania Corporation, by its Deed, dated October 29, 1996, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 153, Page 279, granted and conveyed unto Country Square Partnership, a Pennsylvania General Partnership, Grantor herein. UNDER AND SUBJECT to restrictions and covenants of record, including, but not limited to, Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community, dated April. 6, 1998, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 573, Page 407, First Amendment to Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated Mamh 13, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 607, Page 440, Second Amendment to Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated September 29, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 627, Page 652, Third Amendment to Declaration for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community, dated December 2, 2000, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 667, Page 650, and Fourth Amendment to Declaration for Ashcombe Farms P.R.D., a Flexible Residential Planned Community ("Fourth Amendment") dated July 23, 20,01, recorded October 9, 2001, in Miscellaneous Book 681, Page 2801, and under and subject to easements and rights-of-way of record and visible by inspection, including but not limited to a twenty (20') foot planting easement across the northwestem portion of the premises as shown on Exhibit C-1 of said Fourth Amendment to Declaration. And the said Grantor hereby covenants and agrees that it will specially warrant the property hereby conveyed. THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK -2- 01009,5-0009/04.02.011RHWIKLT/144927.1 IN WITNESS WHEREOF, the said Grantor, by its duly authorized officers, has caused this Deed to be executed as of the day and year first above wdtten. Signed, Sealed and Delivered in the Presence of: ATTEST: COUNTRY SQUARE PARTNERSHIP By: ,~~ ~".~ ~ g, v~ (SEAL) Vem~,/~,A~erson, Partner By: ~'~~"~'¢"f"4~rRo~ a~Fartne (SEAL) ASHCOMBE PRODUCTS COMPANY, Partner ,, (/~sistant) S-e~:retary ~--_~,John $. Thornton, President (SEAL) COMMONWEALTH OF PENNSYLVANIA : :ss. COUNTY OF : On this the /9 day , 2001, before me, the undersigned officer, personally appeared VERNON E. ANDERSON, a Partner of Country Square Partnership, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledge that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand/ar~ official seal. / / Notarial Seal Tamle R. Hershey, Notary Public Member, Pennsylvania Association of Nota~les -3- 0100970009/04.02.011RHWlKLTI144927 ..1 COMMONWEALTH OF PENNSYLVANIA : :ss. COUNTY OF : On this the day of (::h~,('-- , 2001, before me, the undersigned officer, personally appeared RONALD I. STERN, a Partner of Country Square Partnership, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledge that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my handxapd official seal. / No. rial SeN T~ie R. Hemhey, ~ ~bl!, Dills~ ~m, Y~ ~ ~ ~m~slon E~ J~. 20 M~, Penns~an~ ~a~o~ COMMONWEALTH OF PENNSYLVANIA : Y/O lC- :ss. COUNTY OF : '- On thi; the- I(~.) day of E~'~ , 2001, before me, a notary public, the undersigned officer, personally appeared JOHN S. THORNTON, who acknowledged himself to be the President of Ashcombe Products Company, a Partner of Country Square Partnership, and that he as such President, being authorized to do so, executed the foregoing for the purposes therein contained by signing the name of the corporation as President. IN WITNESS WHEREOF, I have set my hand ~ea~~ -4- J Notarial Seal I Tamie R. Hershey, N.ot~ry~ Public Ma~ber, Pennsylvania Assocla{~o~ ol, Notaries 01009.5-O009104.02.011RHWIKLTI144 92 7.1 I hereby certify that the precise residence and complete post office address of the within named Grantees is: , Pennsylvania Attorney for Grantees COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND RECORDED on this Recorder's office of the said County, in Deed Book day of , Page A. D. 2001, in the Given under my hand and the seal o,f the said office, the date above wdtten. , Recorder. -5-