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HomeMy WebLinkAbout12-1411 ? ?? C({ Y CAS ?? - C . - (= ;> (J : Z STIPULATION AGAINST LIENS -q c n - .. Shawn E. Smith and Carole L. Smith Tiday Property Management Owner Contractor In the Court of Common Pleas of Cumberland County, Pennsylvania Docket Number Term 2012 iz- 14111 177 /_ J Page Number Whereas, Shawn E. Smith and Carole L. Smith, hereinafter called the "Owners," are about to execute contemporaneously with Tiday Property Management , hereinafter called the "Contractor," a contract for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 14 Balfour Drive, Mechanicsburg, PA 17050, Silver Spring Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Shawn E. Smith and Carole L. Smith are the title holders of record, as more particularly described in Deed Book 262, Page 2572; and Now, February 24, 2012 at the time of and immediately before the execution of the principal contract, and before any authority has been given by the Owners to the Contractor to commence work on said building or improvement, to purchase materials for the same, it is hereby stipulated and agreed by and between said parties as part of said contract and for the consideration therein set forth, neither the undersigned Contractor, any Sub-contractor or A.415 _4.2q.0op' Q# 706 -77 *a -7 r89-,:"- materialman, nor any other person furnishing labor or materials to the said Contractor under the contract entered into between said parties, shall file a lien for work done or material furnished to said building, improvements or any part thereof. This stipulation is made and intended to be filed with the Prothonotary within 10 days after date in accordance with the requirements of the Act of August 24, 1963, P.L. 497, as amended, In witness whereof, the said parties have hereunto set their hands and seal the day and year aforesaid. Signed and s aled in the presence of ti Shawn E. Smith Carole L. Smith Tiday Property Management By: Commonwealth of Penns lvania County of ss Cu tN?I?t.ti On this, the day of February, 2012, before me, the undersigned Notary Public, personally appeared Shawn E. Smith and Carole L. Smith, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires COMMONWEALTH OF PENNSYLVANIA Notarial Seat Kristen A. Bank ert, Notary Publk Hampden TWP, Cumberland County MY Commission Expires Sept 1, 2015 MEMBER PENN SYLVANIq CATION OF NOTARIES Commonwealth of Pennsylvania ss County of Cumberland AND NOW, this day of February, 2012, before me, the undersigned Notary Public, a eared«[ %W-d'i , who acknowledged himself/herself to be the Qr n/er (title) of Tiday Property Management, of Pennsylvania and he/she, as such a.r+r4e-4- (title) being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself/herself as FtLr f-s P- (title). IN WITNESS WHEREOF, I hereunder set GOVAK)NWIALTH OF N1V?YLVAN NotarlM sew SWMne L Cramer, Notary Publk Nmipdan TWP., Cumberland County CannAWW 20, Zola Member, PennwWarda Astlodadon or Nobuies Exhibit A ALL THAT CERTAIN lot or piece of ground situate in Silver Spring Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point located on the eastern right-of-way line of Balfour Drive (50-foot right-of-way) at the northwest corner of Lot 33 on the hereinafter references Plan; thence along the northern boundary line of Lot 33, North 67 degrees 19 minutes 15 seconds East, a distance of 152.57 feet to a point on the western boundary line of Lot 56 of Phase II Millfording Highlands; thence along Lots 56 and 55, North 22 degrees 40 minutes 45 seconds West, a distance of 100.00 feet to a point at the southeast confer of Lot 35 of Phase III Millfording Highlands; thence along the southern boundary line of Lot 35, South 67 degrees 19 minutes 15 seconds West, a distance of 152.11 feet to a point along Balfour Drive; thence along Balfour Drive, South 22 degrees 40 minutes 45 seconds East, a distance of 82.78 feet to a point; thence continuing along the same, by a curve to the right having a radius of 325.00 feet and an arc length of 17.23 feet to a point, the point and place of BEGINNING. BEING Lot No. 34 on the Final Subdivision Plan of Millfording Highlands, Phase III, recorded June 9, 2011, in the Cumberland Comity Recorder of Deeds Office in Instrument Number 201116383, and CONTAINING 15,213.49 square feet or 0.3493 acres. ALSO BEING that certain Unit, being Unit No. 34 (the "Unit"), of Millfording Highlands, a Planned Community, which Unit is designated in the Declaration of Covenants and Restrictions for Millfording Highlands, a Planned Community (the "Declaration") and Declaration Plats and Plans recorded 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 amenchnents thereto. THE GRANTEES, for and on behalf of the Grantees and the Grantee's heirs, personal representatives, successors and assigns, by executing this deed herein below, covenant and agree to pay such charges for maintenance, repair, replacement and other expenses in cormection with the Conunon 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 with the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S. §5101 et. Seq. (the "Act"), and further covenant and agree that the Units conveyed by this deed shall be subject to a lien for all amounts so assessed, except insofar as §5407(c) of the Act may relieve a subsequent unit owner of liability for prior unpaid assessments. This covenant shalt nun with and bind the Units hereby conveyed and all subsequent owners thereof. Grantees, by executing this Deed herein below, acknowledging that the residential community known as Millfording Highlands located along Millfording Road adjoins a quarry operation presently operated by Penunsy Supply. Futhennore, 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 long as it complies with federal, state and local laws as they affect and govern the operation of a stone quarry.