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HomeMy WebLinkAbout13-0947YINGST HOMES, INC., IN THE COURT OF COMMON PLEAS Contractor-Plaintiff Cumberland COUNTY, PENNSYLVANIA: v. MECHANICS' LIEN ,.'; r~.., b Andrey & Elena Lubimtsev ~ r~-~~.-'~ "*~ =-a`:~ -,.. Owner-Defendant ,.~; ' ~-.~, -• tv ,, -C =~ ~ F ..._ ;' STIPULATION AGAINST LIENS -' ~ ~` C` xw _ __ ~; The undersigned contractor, materialman or other entity or person furnishing serv~d~ lat~pr, ~~ equipment or materials, known as YINGST HOMES, INC., a Pennsylvania corporation (thee.;" "Contractor") intending to be legally bound, and in consideration of the sum of ONE AND NO/1 Od DOLLARS ($1.00) and other good and valuable consideration to it in hand paid by Andrey and Elena Lubimstev ("Owner"), the receipt whereof is hereby acknowledged, and intending to be legally bound, for any subcontractors, materialmen, laborers or anyone else acting through or under it, covenants and agrees that no mechanics or materialmen's liens or claims shall be filed or maintained by any subcontractors, materialmen, laborers or anyone else acting through or under them or any of them, against the real estate situate at _5 Cedaz Road, Cazlisle, PA 17015 being more particulazly described on Exhibit "A" attached hereto and made a part hereof , or against any buildings or other improvements thereon (jointly and severally, the "Real Estate"), for or on account of any work to be done or materials furnished under the principal contract between Owner and Contractor, dated February 5, 2013, or under any supplemental contract, verbal or written, or contract for extra work or materials relating to and work to be done or material furnished under said principal contract, provided, however, that Contractor shall retain its right to file or maintain mechanics or materialmen's liens or claims related to a default by Owner under the principal contract or any supplemental contract, verbal or written, or contract for extra work or materials relating to and work to be done or material furnished under said principal contract. The undersigned, for its subcontractors, materialmen, laborers and anyone else acting or claiming through or under it, hereby waives and relinquishes all right to file a mechanics' lien, claim or notice of intention to file any lien or claim against the Real Estate. Notwithstanding the foregoing, the Contractor is not waiving and relinquishing its right to file a mechanics' lien, claim or notice of intention to file any lien or claim against the Real Estate in the event the Owner is in default under the principal contract or any supplemental contract, verbal or written, or contract for extra work or materials relating to and work to be done or material furnished under said principal contract. The Owner shall have the absolute right in its name, or in the name of any other entity or person who shall have filed a mechanics' lien (other than a mechanics' lien filed by Contractor), to cause such liens to be dischazged by any other instrument, pleading or proceeding permitted at law or in equity. The undersigned hereby avers, represents and warrants that no work has commenced on the Real Estate and no labor or materials have been delivered to the Real Estate or furnished for the improvement of the Real Estate by the undersigned or by any subcontractor, materialman, laborer, or other person or entity, working for or through the Contractor. This stipulation is made and intended to be filed with the Cumberland County Prothonotary in accordance with the requirements of the Mechanics' Lien Law of 1963 (as amended) of the Commonwealth of Pennsylvania, and is expressly contingent upon proper filing and indexing by Owner in accordance with requirements of that law. a~~~a~ oo ~ ~~a IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of the ~,1 St day of ~. ~. ,. , 2013. ATTEST: CONTRACTOR: YINGST HOMES, INC., a Pennsylvania corporation By Name: d E. Yingst, Jr. Title: Pre ident CONSENT OF THE PRIMARY SUBCONTRACTORS Each undersigned party, with intent to be legally bound, hereby agree to the waiver and relinquishment of rights set forth in the Stipulation Against Liens to which this Consent is appended. 1. Bruce E Wevadau Sr Masonry ,subcontractor 2. A&Z Builders~r~'yfcr ,subcontractor By: By~ Name: l~t~ ~ • ~~4 Name: L~ ~ d ~t.-- Title: F~.L~ Ei(Z Title: pw t!`- 3. Rich a III lectrical Cont. Inc., subcontractor By: N ~,•c h /tlc~ Title: ~ W n .~. (~ 5. Howie Reese_~. ,subcontractor ---z Name: No w. e !fie t se Title: ~ ~'~~ ~/ +''~ 7. Simply Floors_ ~~~ Title 9. Esh By: Name: ash Ark w a ! 1 ~ Title: UwnQ ~ 4. AC Rimmer r/~ P~u'~~u~contractor By: ~~- Name. ~ ~ w- Soil isbvw~_ Title: ~} 1O'~J" M~.~..t..,.` 6. Stoner Painting P~ ~ ,~, ,subcontractor ~- By: ~~ Name: a ~'r S/,en Title: o w ~-~ subcontractor 8. By: Title: oodcrafts ~4 b."ef•5 subcontractor 10. BJ Landscaping ,subcontractor By: Nam : r."~ a v,'s Title: vVJr1,r~ 20'3-02-2c "0:40 Yingst Homes Inc 717 920 9428 » 717240b573 P 2/2 EXH161T "A". All THAT CERTAIN piece or parcel of land situate in Middlesex Township, Cumberland County, Pennsylvania, known as lot No. 4 of the Final Subdvision Plan of Jack Beitzel prepared by Hartman ~ Associates, Inc., dated July 1, 1992 and recorded in the Cumberland County Recorder's Office in Plan Book 66, page 35, and being bounded and described as follows, to wit: BEGINNING at a point at or near the Westam right of way 1'n~a of Cedar Road at the dividing fine of the within described lot and lot No. 3 on the aforementioned Subdivision Plan; thence along said dividing line South 61 degrees 36 minutes 21 seconds West a distance of 279.14 feet to a point at lands now or formerly of the United States of America National Park Service Appalachian National. Scenic Trail; thence along last mentioned lands tiro following two courses and distances: l) North 55 degrees 11 minutes 40 seconds West a thstance of 120.OD feet to a paint; 21 North 00 degrees 26 minutes 34 seconds East a distance of 358.18 feet to a point at the dividing line of the within descrbed lot and lot No. 5 on the aforementioned Subdivision Plan; thence along said dividing line South 70 depraes 52 minutes 49 seconds East a distance of 345.15 lest to a point on the Westem right of way line of Cedar Road; thence along said Western right of way I'me of Cedar Road, on a curve having an arc length of 186.58 feet and a chord bearing of 47 .degrees 30 minutes 40 seconds to a point at the dividing line of the within described lot and lot No: 3 of the aforementioned Subdivision Plan, the point and Place of 13E61NNING. CONTAINING 2.3609 acres, more or less. BEING THE SAME PREMISES which Daniel M. 6oarman and Jeannette A. Soarman, husband and wife, by deed dated November 27.2002 and recorded in the Office of the Recorder of Deeds In and for Cumberland County in Book 254, Page 4008, granted and conveyed unto the Owner, as defined in the document to which this Exhibit "A" is appended.