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HomeMy WebLinkAbout04-6144 STIPULATION ~AINST LIENS THIS AGREEMENT made this %~day of ~, 2004, by and between J.W.M~MPER CONSTRUCTION, INC., hereinafter referred to as Contractor, AND DAVID M. FISHER and CONSTANCE A. FISHER, husband and wife, hereinafter referred to as Owner, whereby the contractor undertook and agreed to erected and construct a single family dwelling situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, Cumberland County, Pennsylvania and more fully described in Exhibit "A" which is attached hereto and made a part hereof known as Lot 62 Sawgrass Lane, Mechanicsburg, PA 17050. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for an in consideration of the sum of ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for itself, himself or themselves and its, his or thei~ subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and the said Contractor, for itself, himself or themselves, its, his or their subcontractors and others under them, hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals the day and year first above written. ATTEST: : J. W. MUMPER CONSTRUCTION, INC. : ~,' ~President COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : SS On this, the ~ day of ~e~ , 2004, before me a Notary Public, the undersigned officer, personally appeared James W. Mumper Jr., who acknowledged himself to be the President of J.W. Mumper Construction, Inc.a Corporation, and that he as such President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the said Corporation by himself as such President. seal. IN WITNESS WHEREOF, I hereunto set my hand and official Exhibit A ALL THAT CERTAIN Unit and the property known, named and identified in the Declaration referred to below as "Grandon Farms, Planned Community", located in Hampden Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A. Section 5101 et seq., by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration, dated October 23, 1997, and recorded November 3, 1997, in Misc. Book 561, Page 56, which has been amended by a First Amendment to Declaration dated June 29, 1998, and recorded on June 29, 1998, in Misc. Book 580, Page 597, which has been further amended by a Second Amendment to Declaration dated December 11, 1998 and recorded on December 17, 1998, in Misc. Book 597, Page 1144, which has been further amended by a Third Amendment to Declaration dated June 4, 1999, and recorded on June 25, 1999, in Misc. Book 617, Page 246, which has been further amended by Fourth Amendment to Declaration dated July 23, 1999, and recorded on July 29, 1999, in Misc. Book 620, Page 644, as further amended by a Fifth Amendment to Declaration dated November 29, 1999, and recorded December 2, 1999, in Misc. Book 632, Page 186, and recorded on December 22, 1999, in Misc. Book 634, Page 158, as further amended by a Sixth Amendment to Declaration dated August 1, 2000, and recorded August 10, 2000, in Misc. Book 651, Page 665, as further amended by a Seventh Amendment to Declaration dated August 31, 2000, and recorded September 6, 2000, in Misc. Book 654, Page 294, as further amended by an Eighth Amendment to Declaration dated December 15, 2000, and recorded December 20, 2000, in Misc. Book 662, Page 917, as further amended by a Ninth Amendment to Declaration dated June 27, 2001 and recorded November 7, 2001 in Misc. Book 682, Page 1041, as further amended by a Tenth Amendment to Declaration dated January 10, 2003, and recorded January 22, 2003 in Misc. Book 693, Page 3163, and recorded in Misc. Book 694, Page 2273, as further amended by an Eleventh Amendment to Declaration dated June 2, 2003, and recorded June 6, 2003, in Misc. Book 698, Page 226, as further amended by a Twelfth Amendment to Declaration dated November 19, 2003, and recorded November 25, 2003, in Misc. Book 704, Page 1102, being and designated in such Declaration as Unit/Lot No. 62, which said Unit is more fully described in said Declaration and is shown on the Declaration Plan recorded in Right of way Plan Book 11, Page 112, as amended by First Amendment to Declaration Plan recorded in Right of Way Plan Book 12, Page 6, as further amended by Second Amendment to Declaration Plan recorded in Right of Way Plan Book 12, Page 39, as further amended by Third Amendment to Declaration Plan recorded in Right of way Plan Book 12, Page 66, as further amended by a Fourth Amendment to Declaration Plan recorded in Right of Way Plan Book 12, Page 85, as further amended by a Fifth Amendment to Declaration Plan recorded in Right of Way Plan Book 12, Page 102, as further amended by a Sixth Amendment to Declaration Plan recorded in Right of Way Plan Book 12, Page 109, as further amended by a Seventh Amendment to Declaration Plan recorded in Right of way Plan Book 12, Page 121, as further amended by an Eighth Amendment to Declaration Plan recorded in Right of Way Plan Book 12, Page 143, as further amended by a Tenth Amendment to Declaration Plan recorded in Right of Way Plan Book 13, Page 42, as further amended by an Eleventh Amendment to Declaration Plan recorded in Right of Way Plan Book 13, Page 50 as further Amended by a Twelfth Amendment and Thirteenths Amendment to Declaration Plan recorded in Right of Way Plan Book 13, Page 61.