HomeMy WebLinkAbout99-03301RICHARD E. YINGST, JR. President
YINGST HOMES, INC., Owner
V.
YINGST HOMES, INC., a
Pennsylvania corporation,
Contractor
and
FOLLMER EXCAVATING, INC.,
a Pennsylvania corporation,
Contractor
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ' 1-?30 ( M.L.D. 1999
STIPULATION AGAINST LIENS
WHEREAS, Richard E. Yingst, Jr., President, Yingst Homes, Inc., ("Owner"), has
executed or is about to execute contemporaneously herewith a contract with Yingst
Homes, Inc., a Pennsylvania corporation, with a business address of 7100 Fishing
Creek Valley Road, Harrisburg, Pennsylvania, and with Follmer Excavating, Inc., a
Pennsylvania corporation, with a business address of 6 Summit Drive, Dillsburg,
Pennsylvania (the "Contractors"), for construction of a multi-family townhouse project
known as 111holan West on, and other in"ipmvemients to (cuiiectiveiy the
"Improvements"), a tract of land located at 4150 Wertzville Road, situate in Hampden
Township, Cumberland County, Pennsylvania, more particularly described on Exhibit A
attached hereto, incorporated herein by reference and made a part hereof (the
'Premises").
NOW, May 12, 1999, before any authority has been given by the Owner to the
Contractors to commence work on the Improvements, or to purchase materials for the
same, or to enter into any contracts with any subcontractors or material men, or to
authorize any purchases by or through any subcontractors or material men, in
consideration of the making of said contract with the Owner and the further
consideration of One ($1.00) Dollar, to Contractors paid by Owner, and with the intent
of all parties to be legally bound hereby, it is agreed that no lien shall be filed against
the Improvements, the Premises, or any part thereof, by the Contractors or any
subcontractors, or by any of the material men or workmen or any other person for any
labor, or materials purchased, or extra labor or materials purchased, for the
Improvements to the Premises (including hereafter changes made thereto), the right to
file liens being expressly waived.
It is the full intent of the Contractors, for themselves and for any subcontractors
or material men claiming for themselves, or by, through or under the contract or the
Contractors, that the right to file a mechanic's lien, under the provisions of law and/or of
Acts of Assembly in such cases made and provided, for work done or materials
furnished in and about the construction of the Improvements to the Premises is hereby
waived.
IN WITNESS WHEREOF, Owner and Contractors have executed this Stipulation
Against Liens the day and year first above written.
WITNESS: OWNER:
Richard E. Yi q§tn re ident, Yingst
Homes, Inc.
CONTRACTORS:
Yingst Homes, Inc.
By:
Richard E. Yi gs't, Jr., President
Follmer Excavating, Inc.
By: /
Jim Follmer, President
a
ALL THAT CERTAIN tract of land situated in the Township of
Hampden, County of Cumberland, and State of Pennsylvania, having
thereon erected a single family frame dwelling together with several out-
buildings, the same being bounded and described as follows:
BEGINNING at a pin at corner of lands now or formerly of Rossville
Hoffman and Samuel Brooks; thence by land now or formerly of said Samuel
Brooks south sixty-eight degrees forty-five minutes (68° 45') west nineteen
and fifteen hundredths perches to pin corner of land now or formerly of John
Vanasdlan; thence by land now or formerly of the said John Vanasdlan south
three degrees, west sixty-nine perches to point on the south side of the State
Road in line of lands now or formerly of Rossvill Hoffman; thence by lands of
said Rossvill Hoffman south eighty-four degrees east seventeen and forty-seven
perches to iron pin in the State Road, the same being corner of other lands
now or formerly of said Roseville Hoffman; thence by land now or formerly
of the said Rossvill Hoffman north three degrees east seventy-seven and nine-
tenths perches to a pin, the place of BEGINNING.
CONTAINING 8 (8) acres;. more or less..
BEING the same premises which Charles J. Hubbard and Emma M. Hubbard,
his wife, by Deed dated April 19, 1999 and recorded at Cumberland County,
Pa. in Deed Book 197 page 1097, granted and conveyed unto Richard E. Yingst, Jr.
President, Yingst Homes, Inc.
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