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HomeMy WebLinkAbout02-3333ROBERT B. JENKINS and DIANE B. JENKINS, OWNERS J.W. MUMPER CONSTRUCTION, 1NC. CONTRACTOR : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2002- .g333 : MECHANICS' LIEN STIPULATION AGAINST AND WAIVER OF LIENS Whereas, Owners have entered into a contract dated ~..~/.// /,/ ,2002, ("Contract") with Contractor to provide materials and perform labor necessary for the erection and construction of a 2-story style, brick and vinyl siding single-family residential dwelling house with attached four-car garage, fronting on Leyton Way and situate upon that certain Lot #5, Phase III, Lindenwood (Plan Book 58, Page 32),Upper Allen Township, in Cumberland County, State of Pennsylvania, and more particularly described on Exhibit "A" attached hereto. Now, therefore, it is hereby stipulated and agreed by and between the parties, as part of the Contract and for the consideration therein set forth, that neither the undersigned Contractor, any subcontractor or material man, nor any other person furnishing labor or materials to the Contractor under the Contract or otherwise may file a lien, commonly called a mechanics' lien, for work done or materials furnished to the said building or any part thereof. This stipulation is made and intended to be filed with the Prothonotary for the County of Cumberland, Commonwealth of Pennsylvania, in accordance with the requirements of Section 402 of the Mechanics' Lien Law of 1963, 49 Pa. C. S. § 1402, of the Commonwealth of Pennsylvania in such case provided. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have set their hands and seals this //-'~ day of July, 2002. WITNESS: ~t~ff'~ .~'~'r~ [SEAL] Robert B. Jenkins Diane B. Jenkins J. W. Mumper Construction, Inc. J. ~_fl Mumper, Jr., PrUdent [SEAL] C AL WORK~EAL~I)061402A,WPD EXHIBIT "A" ALL THAT CERTAIN lot in the property known, named and identified in the Declaration, referred to below, as "Lindenwood, a Planned Community," located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S.A. Sections 5101 et seq., by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration for Lindenwood, a Planned Community ("Declaration"), dated August 28, 1997, recorded August 28, 1997, in Miscellaneous Book 555, Page 806, and as amended by First Amendment to Declaration for Lindenwood, a Planned Community ("First Amendment"), dated April 28, 1999, recorded April 28, 1999, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 611, Page 193; and as amended by Second Amendment to Declaration for Lindenwood, a Planned Community ("Second Amendment"), dated April 17, 2002, recorded April 19, 2002, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 686, Page 2571, designated in such Declaration (as amended by the First Amendment and Second Amendment) as Lot No. 5 (Identifying Number), described in Section 2.2 of the Declaration (as amended by the First Amendment and Second Amendment) and shown (and described) in Exhibit E of the Declaration or Exhibit B-1 of the First Amendment or Exhibit C-3 of the Second Amendment. CONTAINING 1.32 acres more or less. BEING Lot No. 5, Final Subdivision Plan of Phase III, Lindenwood, dated February 1, 2002, last revised April 3, 2002, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 85, Page 32. BEING the same premises which Lindenwood, Inc., a Pennsylvania corporation, by its deed dated May 8, 2002, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 251, Page 3579, granted and conveyed unto Robert B. Jenkins and Diane B. ;Jenkins, husband and wife. C:~L WORKW. EAL'~D061402 A.WPD