HomeMy WebLinkAbout13-3536 PROTIHO:'40 i'r�rs .
2013 JUN 17 PM 3: 12
CUMBERLAND COUNTY
PENNSYLVANIA
STIPULATION AGAINST LIENS
DONALD A LYONS and MARY C. In the Court of Common Pleas of
LYONS Cumberland County, Pennsylvania
Owner
3 - min
Docket Number , 35 Term 2013
GARMAN BUILDERS, INC.
Contractor Page Number
Whereas, DONALD A LYONS AND MARY C. LYONS, hereinafter called the
"Owners," are about to execute contemporaneously with GARMAN BUILDERS, INC. of 471
NORTH READING ROAD, EPHRATA, PA 17522, hereinafter called the "Contractor," a
contract for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of
ground known as 1810 SPARTAN DRIVE, Mechanicsburg, PA 17055, ORCHARD GLEN
LOT #51, Upper Allen Township, Cumberland County, Pennsylvania, described in Exhibit "A"
hereof, of which DONALD A LYONS and MARY C. LYONS are the title holders of record, as
more particularly described in Deed Book ; and
Now, June 11, 2013, 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
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File No. AES 1355
ALL THAT CERTAIN Unit, being Unit No. 51 (the "Unit "), of Orchard Glen, A Planned
Community (the "Community "), such Community being located in Upper Allen and Lower Allen
Townships, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of
Covenants and Restrictions for Orchard Glen, A Planned Community (the "Declaration ") and
Declaration Plats. and Plans recorded as an exhibit thereto in the Office of the Cumberland
County Recorder of Deeds as Instrument No. 201121261, together with any and all amendments
thereto.
TOGETHER with the undivided Allocated Interest appurtenant to the Unit as more particularly
set forth in the aforesaid Declaration, as last amended.
TOGETHER with the right to use Limited Common Elements appurtenant to the Unit being
conveyed herein, if any, pursuant to the Declaration and Declaration Plats and Plans, as last
amended.
UNDER AND SUBJECT to the Declaration, the Declaration of Covenants, Conditions and
Easements for Orchard Glen, A Planned Residential Development recorded in the Office of the
Cumberland County Recorder of Deeds as Instrument No. 201121260, the Declaration of Master
Association for Orchard Glen, A Planned Residential Development, recorded in the Office of the
Cumberland County Recorder of Deeds as Instrument No. 201121259, and to any and all other
covenants, conditions, restrictions, rights -of -way, easements and agreements of record in the
aforesaid Office; and to matters which a physical inspection or survey of the Unit and Common
Elements would disclose.
BEING. part of the same premises which Patsy Hertzler, as executrix of the Estate of Dale B.
Failor, Deceased, by Deed dated July 5, 2007, and recorded in the Office of Recorder of Deeds in
and for Cumberland County, Pennsylvania in Deed Book 280, Page 4820, granted and conveyed
unto McNaughton Properties, L.P., a Pennsylvania limited partnership, Grantor herein.
set forth, neither the undersigned Contractor, any Sub - contractor or 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 sealed in the presence of
DO ALD A LYONS
MARY C. LY S
GARMAN BUILDERS, INC.
By:
SHAWN L. GARMAN, VICE PRESIDENT