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Home My WebLink About00-02623 ~,-; Y' " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARK A. GODSHAll. and NGOC T. GODSHAll., husband and wife, Owners Filed: , 2000 And No. ~ ---<l4~ fYliiJ ~ YINGST HOMES, INC., a Pennsylvania Corporation, Contractor PRAECIPE FOR INDEXING TO THE PROTHONOTARY: Please index this Stipulation Against and Waiver of Right to File Mechanics' Lien in the names of the Owners, as Plaintiffs and Defendants, and cross-index the Stipulation Against and Waiver of Right to File Mechanics' Lien in the name of the Contractor as Plaintiff and Defendant. JOHNSTON, ARONSON & DIAMOND Suite 100, 150 Corporate Center Drive Post Office Box 98 Camp Hill, Pennsylvania 17001-0098 (717) 975-5500 By _ S A. DIAMOND . l.D, No. 43902 rneys for Owners Dated: April 24, 2000 64/25/2660 68:59 ~17975\1,511 ':; JA&D PAGE 62 . . IN THE COURT OF COMMON PLEA CUMBERLAND COUNTy, PENNSYLV NIA MARK A. GODSHALL and NGOC T. GODSHAlL, husband and wife, Owners Filed: ,2000 No. flm~ and YINGST HOMES, INC., a Pennsylvania Corporation, Contractor STIPULATION AGAINST AND W VER OF RIGHT TO FILE MEC ICS' lEN WHEREAS, YINGST HOMES, INC., a Pennsylvania C ation, with an address at Godshall and Mrs. Ngoc T. Godshall, husband and wife, with an ad ess at 1023 Chelmsford 4712 Smith Street, Harrisburg, Pennsylvania 17109 (the "Contractu "), and Me. Mark A. Drive:, Mechamcsbutg, Pc:nnsylvania 17055 (hereinafter the "Owne "), entered into a certain agreement dated April 21, 2000 (the "Contract"), for the complete reetion, consttnction and finishing of a two story home (hereinafter the "Improvements") by ontractor on that certain parcel of real property owned by Owners located at 3714 Falkstone 've, Hampden Township, Cumberland County. Pennsylvania, which is also designated as Lot o. 542 on the Plan of The Highlands of Hampden Square, Phase vn, recorded in Plan Book 8 , Page 55, Hampden 04/25/2000 08:59 i17975q511 JA&D PAGE 03 Township, Cumberland County (hereinafter the "Property"}. The a . d P1Vperty is more particularly described in "&hibit A" attached hereto and incorpora d herein by reference; NOW, TIlEREFORE, in consideration of the execution an delivery of the Contract, and intending to be legally bound hereby, the Contractor, for itself, IlIld i~ agents, servants. stockholders, employees, representatives, assigns and successors, and all subcon+ctors and other parties acting through or under it, does hereby covenant, promise and agree that no raniCS' lien or claim of any kind shall be filed or maintained against the Improvements or the roperty, or any part or parts thereof, or the appurtenances thereto, by Conll:actor or by any subco tors, materialmen, laborers or others, for work done or for any tools, equipment, materials or fwnished under the Contract or any subcontract or supplements th to, written or oral, or by any ot/)er party acting through or under them, or any of them, for and about the Improvements, the Property, or any parts thereof, or on credit thereof. And this Stipulation Against and Waiver of Right to File Mecbanics' Liens shall be an independent covenant and shall operate and be effective as well ith respect to work done and materials and services furnished under any supplemental contract fo ext('a work in connection with the consU\1ction of the Improvements as to any work and labor dont and material furnished under the Contract. And, in order to give the Owners full power and authority to protect themselves and the Improvements and the Premises against any and all claims filed by the Contractor, or by any subcontractor or anyone acting under or through the Contractor lin violation of the foregoing covenant, Contractor, for itself, and its agents, servants, stockholders, enj.ployecs, representatives, -2- 04/25/2000 08:59 ~, 117975~51l JA&D PAGE 04 i I I I I I I assigns and successors, and all such persons, hereby irrevocably fthorizes and empowers any attorney of any Coun of Common Pleas of the Conunonwealth of fennsYlvama, to appear fOl it them, or any of them, and in its, or their, name or names, to mark satsfied of any such mechamcs' lien or claim, at the cost and expense of the Contractor or of any ~uch subcontractor, laborer or i materialman, 01 in its, their or any of its or their names, against the tprovements or the propeny, or any parts thereof, and for such act or acts this shall be a good and stfficient warrant and authority, and a reference to the Court and to the docket in which and where mis inslIUment shall have been I filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor, for itself, and for all subcontractors, laborers and materi~men, does hereby release all I errors and defects whatsoever in the entry of any such satisfaction ~ the exercise of the authority I hereby conferred. i i THIS WAIVER OF LIENS will be filed in the Office of th~ Prothonotary of Cumberland I County, Pennsylvania, pursuant to the provisions of the Act of August 24, 1963, P.L. 1175, No. 497. I I , as supplemented and amended, and the Prothonotary is required to indell this Stipulation and Waiver I I in the name of the Contractor as the Defendant and as the Plaintiff, id in the name of the Owners as Plaintiffs and as Defendants, in accordance with the Mechamcs';Lien Law of 1963, the Act of I August 24, 1963, as aforesaid, the receipt of such filing to be delivted to the Owners. i I I "3" .~' i..- 04/25/2000 08:59 J'17975!>511 . , ~ , ~. . JA&D 1 i , I WITNESS the due Cltecution hereof, with the intenllO be leg~lY bound, this 2.$ n< , , I API... 2000. , I I I I I Contractor: I YINGST HOMES, ING::., a Pennsylvania Corporhtion ! BY~~ f IJ1J Nome~0r Tille: e... -0 7tOW-$ ()~FlS: I. cfnMk a. J:J07JJ.Wi Mark A. Godshall I ~ <fa Crn~aQt Ng T. Godshall i I i ! Attest: ~ ~~ '-1 ( '-'l $ f- J/., n--'" ~ .J: l- L k~~~' I Name:'~ ,"d Title: /J ~ .., s U Witness: cJd-~ d _It D o - o , 4- ", ~..~ ,~ ....""-", I i I PAGE 05 day of ~" 04/25/2000 08:59 117975~511 JA&D PAGE 05 ! EXHIBIT A I PROPERTYDESCRIPTI~ FOR . LOT 542, THE HIGHLANDS OF HAMPDEN $QUARE, PHASE VII (3714 Falkstone Drive, Hampden 1iownsbip, Cumberland County Pennsylvania) I I , I ! , ALL DIU . - I_TB 10~ or pJ.ece of 1"_ sU:uat:e J.a A'"~.n T_uip~ cu.berlall4 COlla~y~ P.aDsylvaIllJ.a~ ~Dde4 _d descrlbed as ~011_. ~o wi~: . . BIIltt..... at: a point: Oil t:be Dort.=. dedicatoed ri.ght: oE -1' Ii.... Of PalJr.st:oae Od...a. said poi-at: beia. Q. Il t:h. di,,1diag l1a. of LDt:s BOIl. 541. .,,01 5&2 of H19M...de of Square Pha.. V%!:; t:heDe. by ~be DOrt:Ilera .edJ.ea~e4 r1gh~ of" :r liae of Fa.l1cSt:Ga. Dri". by a CNrY8 t:o t:Jaa laf"9o laa.,.lag a radius of 175.00 *-" a... .a are laagt:h of 89.32 feet: t:G a polDt:;" t.beaee :r Ii... of: :LOt; 110. 543, BDrl:b 55 degr... 07 lUaut:_ &2 s&co"ds west: 4&.74 feet: " a poia~; Ue"~ by l_ds ..gor or fon.r17 of Killg , WORla It tI~... && IUDut:es 53 seaoads Ba.~ 160.40 feet: t.o a po,at.; t.laeaeeby 11_ of Lot. Ira. 3 o:f lfoIIat:aill view Sast. subclivisio.., Sout.h 77 degrees 56 unt:es 10 Seeollas East. &&.84 f.e~ t:g a poJ.Iat.; Ueace by 11_ of LOt. 80. 5&1, SOut.h 25 degrees 53 aiDut.a. 12 seconds Bast: 186.35 feet: t:o a poiat:~ 1:,.. place of 8&G%*zJ(GI. I IIIdIIO l.ot: WO.542 as sh_ on t.b. jinal SUIMliviS:Lon Plaa of Tbe BighlaDds of A"~pAea Square.Phase 1:1:. coat.aiDiag 25.936 sqllare feet.. _DIG . A toaII_ OF ~ ... ~SBS wbicb P...y D...lopallD.t. COIlpanJ'~ :r.c.. It .ellDsylvaaia t!bUSu.ess coqarat:ioa, "U:b ib priacipal office ia a- 1'4e8 TOWIlSb p, cwmerlaad C:Ouat:y ~ .oD..:r1"...ia~ by t:beir deed dat.ed April 2, 1 93 lUId recorded aprU '. 1993 by t:b. a_nor of Deec1s iD and foJ!. Cwaberlu4 Count-I' i:o Deed BOOIt Jf, Vol_ 3&, page 15&.. gr_t:j=4 ad CODYOred UDt.O HiCJblanas of JlaaPdo." square .PanDerab1p. i i