HomeMy WebLinkAbout13-3257 STIPULATION AGAINST LIENS
Richard L. Dyne and Catherine D. IN THE COURT OF COMMON PLEAS
Dyne,
Owner Cumberland COUNTY,;
PENNSYLVANIA
V. ; . - T;__
13 - 3a � 7 � -�
Fred A. Tiday Builders, Inc., NO. �'
Contractor
WHEREAS, Richard L. Dyne and CZraneously yne of 224 Madison Circle, Locust Grove,
VA 22508, is about to execute cont herewith, a contract, with Fred A. Tiday
Builders, Inc. of 2700 Spring Hill PA, for the erection of a building upon
premises commonly known as Lot e Way, Township Hampden, Cumberland
County, Pennsylvania, as set forth in the deed dated , recorded at , in the Recorder's Office
for Cumberland County, Pennsylvania, as more specifically described in Exhibit "A" which is
incorporated herein and attached hereto.
NOW, June 5, 2013, 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 paid 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.
WITNESS, our hands and seals the day and year aforesaid.
SIGNED AND SEALED IN THE PRESENCE OF: CONTRACTOR:
Fred A. Builders, Inc.
Fred A. Ti , Owner
OWNER:
Richard L. Dyne
Catherine D. Dyne
Mr a 91s -73
EXHIBIT "A"
ALL THAT CERTAIN Unit situate in the Township of Hampden, County of
Cumberland, Commonwealth of Pennsylvania, known, named and identified in the Declaration
of Hawks Landing, a Planned Community, which has been submitted to the provisions of the
Uniform Planned Community Act, 69 Pa. C.S.A. §5101 et. se q., as amended, by the
recording of a Declaration in the Office of the Recorder of Deeds of Cumberland County,
Pennsylvania, recorded March 14, 2008 in Instrument No. 200807839 (the "Declaration ")
being designated in such Declaration as Unit No. 52 and as set forth on the Declaration Plats
and Plans.
BEING identified as Lot 52 on the Revised Preliminary /Final Subdivision & Land
Development Plan for Hawks Landing, recorded in Plan Book 93, Page 107.
THE GRANTEES, for and on behalf of the Grantees and the Grantees' heirs, personal
representatives, successors and assigns, by the acceptance of this deed, covenants and agrees to
pay all assessments, fee and/or charges as may be assessed against him, her, them, it, or against
the said Unit, from time to time by the Executive Board of the Hawks Landing Homeowners
Association in accordance with the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S.
§5101 et. Seq. (the "Act "), and further covenants and agrees that the Unit 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 shall run
with and bind the Unit hereby conveyed and all subsequent owners thereof.
UNDER AND SUBJECT, NEVERTHELESS, to the Declaration, and any and all
amendments thereto, the Declaration of Conservation Easement for Hawks Landing recorded in
Instrument No. 200743879, all easements, restrictions, encumbrances and other matters of record
or that which a physical inspection or survey of the premises would reveal.