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2014 DEC --9 AM 8: C 2
CUMBERLARG COUNTY
PENNSYLVANIA
STIPULATION AGAINST LIENS
Howard R.Coulter and Nancy H.Coulter In the Court of Common Pleas of
091ner Cumberland County,Pennsylvania
McNaughton Homes, Docket Number 1q— 70 VMttVerrn 2014
Contractor
Page Number
Whereas, McNaughton Homes "Contractor") of 4440 Deer Path Road, Suite 241,
Harrisburg,Pennsylvania 17110 ,has entered into a contract with Howard R. Coulter and Nancy
H. Coulter ("Owners") of 890 Tolman Street, Mechanicsburg, PA 17455, for the erection or
construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 890 Tolman
Street, (Lot 57, Orchard Glenn) Upper Allen Township, Cumberland County, Pennsylvania,
described in Exhibit"A" hereof,of which Owners are the title holders of record;and
Whereas, it is the intention of Owners and Contractor that neither said lot of ground nor
the improvements erected or to be erected thereon shall be subject to a lien for debts due by
Owners to Contractor or by Contractor to any subcontractor for labor or materials furnished in
the said erection or construction, and that the right of anyone to claim any such lien be waived
hereby.
3 M3
Now this agreement,witnesseth: That Contractor, for and in consideration of the contract
aforesaid and the considerations mentioned thereunder, as well as the further consideration of
One Dollar($1.00) to it in hand paid by the Owners at or before the sealing and delivery of these
presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby,
does hereby covenant, promise and agree, for Contractor and any and all subcontractors,
materialmen, laborers and parties acting for,through or under Contractor,that no mechanics' lien
or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the
building, improvements, lot of ground or any part hereof, or the curtilage or curtilages
appurtenant thereto by anyone,and that all subcontractors,materialmen and laborers shall look to
and hold Contractor personally liable for all subcontracts,materials furnished and work and labor
done.
And this agreement, waiving the right of lien by anyone, shall be an independent
covenant and shall operate and be effective with respect to work done and materials furnished
under any supplemental contract for extra work in the erection, construction and completion of
the building as well as to any work and labor done and materials furnished under the contract
aforesaid.
And, in order to give the Owners full power and authority to protect Owners and the
building, improvements and lot of ground, against any and all claims filed by Contractor or
anyone acting under or through Contractor in violation of the foregoing covenant, Contractor
hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the
Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common
Pleas as attorney for Contractor and in Contractor's name, mark satisfied of record at the cost and
expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim,
liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name
of any one or more of them against the building, improvements,lot of ground or any part thereof,
and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference
to the Court, Term and Number in which this instrument shall have been filed shall be a
sufficient exhibit of the authority herein contained to warrant such action, and the Contractor
does hereby remise, release, and quit claim all rights and all manner of errors, defects and
imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the
same.
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Witness our hands and seals the day ofNovmber,2014.
Signed a d sealed in the ence f.
oward R. Co It
Nanc . Coulter
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�- MCNAUGHTON HOMES
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Cz¢A l5 �,-m �Q�q ti
(Print Name)
File No. MM 1038
ALL THAT CERTAIN Unit, being Unit No.57(the"Unit"),of Orchard Glen,a Planned
Community(the"Community,,),such Community being located in Upper Allen and Lo
Townships, Cumberland County,Pennsylvania, wer Allen Unit is designated in the Declaration of
Covenants and Restrictions for Orchard Glen,a Planned Community(the "Declaration")and
Declaration Plats and PIans 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.
Fallor,Deceased, by deed dated July 5,2007,and recorded in the Office of the 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.
THE GRANTEE,for and on behalf of the Grantee and the Grantee's heirs,personal
representatives, successors and assigns, by the acceptance of this deed, covenants and agrees to
pay all assessments, fees 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 Orchard Glen Homeowners
Association,Inc.,and/or the Executive Board-of the Orchard Glen Master Association in
connection with the Community and/or Orchard Glen,A Planned Residential Development, 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 assessed,except insofar as Section
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.
PARCEL#42-10-0256-422