HomeMy WebLinkAbout13-5031 STIPULATION AGAINST LIENS
THIS AGREEMENT is made the 0 day of 2013, by and
between YINGST HOMES, INC., a Pennsylvania corporationT inaft a erred to as
"Contractor," and FISHING CREEK VALLEY ASSOCIATES, L.P., hereinafter referred to as
"Owner."
WHEREAS, pursuant to a contract between Contractor and Owner, Contractor
undertook and agreed to erect and construct certain infrastructure, residential dwellings,
and other improvements on that certain tract or parcel of ground situate in the Township of
Hampden, Cumberland County, Pennsylvania, locally known as Thornhill, A Planned
Community, and being a portion of the premises granted and conveyed unto Owner by
deed from Virginia R. Swartz, widow, dated October 12, 2006 and recorded in the Office of
the Recorder of Deeds in and for Cumberland County in Record Book 277, Page 518, more
fully described in Exhibit "A" attached hereto and made a part hereof.
NOW THEREFORE, WITNESSETH: That the said Contractor, with intent to be
legally bound and for and in consideration of the sum of ($1.00) Dollar to Contractor in hand
paid by Owner, the receipt whereof is hereby acknowledged, for itself and its
subcontractors, and all parties acting through or under it, covenants and agrees that no
mechanic's liens or claims shall be filed or maintained by it against the said buildings and
the lot of ground appurtenant thereto for or on account of any work done or materials
furnished by it under said contract or otherwise, for, towards, in, or about the erection and
construction of the said improvements on the tract or parcel above described, and the said
Contractor, for itself, its subcontractors and others under it hereby expressly waives and- -:
relinquishes the right to have, file, and maintain any mechanic's liens or claims against --the ",
said improvement or any of them, and agree that this instrument, waiving the riqq�of ° -
shall be an independent covenant. r T j
r�
WITNESS our hands and seals this day of , 2013.`_'<T
Signed, Sealed and Delivered �''
• g
in the presence of
-
ATTEST: OWNER:
Fishing Creek Valley Associates, L.P.
a Pennsylvania limited partnership
By: f ha E. Yingst, Jr., President
R Y, INC., its sole general partner
CONTRACTOR:
ATTEST: Yingst Homes, Inc.,
a Pennsylvania corporation
By: ich rd E. Yingst, Jr., President
,*L � ay. f awl
(A3465872:1)
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COMMONWEALTH OF PENNSYLVANIA:
ss:
COUNTY OF DAUPHIN
On this day 9 day of 2013, before me, the undersigned officer,
personally appeared Richard E. Yingst, Jr., who acknowledged himself to be the President
of REY, Inc., a Pennsylvania corporation, which corporation is the sole General Partner of
Fishing Creek Valley Associates, L.P., a Pennsylvania limited partnership, and that he as
such officer, authorized to do so, executed the foregoing instrument for the purposes therein
contained by signing the name of the corporation by himself as said officer in the
corporation's capacity as the sole General Partner of, and as authorized by, the
Partnership.
In witness whereof, I hereunto set my hand and official seal.
R���eol
Notary Public
My Commission Expires:
COMMONWEALT OF PENNSYL
Notarial Seal
Frank A. Zelko, Notary Public
Lower Paxton Twp., Dauphin County
COMMONWEALTH OF PENNSYLVANIA : My commission Expires Jury 11, 2014
Member. Pennsvlvania Association of Notaries
ss:
COUNTY OF DAUPHIN
On this, the _� day of , 2013, before me, the undersigned officer,
personally appeared Richard E. Yingst, Jr., who acknowledged himself to be the President
of Yingst Homes, Inc., a Pennsylvania corporation, and that he as such officer is authorized
to do so, executed the foregoing instrument for the purposes therein contained by signing
the name of the corporation by himself as said officer.
In witness whereof, I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
COMMONWEALTH O PE NNSYLVANIA
Notarial Seal
Frank A. Zelko, Notary Public
Lower Paxton Twp., Dauphin County
My Commission Expires July 11, 2014
Member. Pennsvlvania Association of Notaries
f A3465872:1 } 2
EXHIBIT A
LEGAL DESCRIPTION OF THE REAL ESTATE
ALL THOSE CERTAIN tracts of land situate in the Township of Hampden,
County of Cumberland and Commonwealth of Pennsylvania, more particularly
bounded, and described in that certain deed from Virginia R. Swartz, widow, to
Fishing Creek Valley Associates, L.P., a Pennsylvania limited partnership, Declarant
herein, dated October 12, 2006 and recorded in the Office of the Recorder of Deeds
in and for Cumberland County in Record Book 277, Page 518.
LESS AND EXCEPTING Lots A, B, and C as depicted and described on the
Final Subdivision Plan for Brandywine Extension — Phase I recorded in the Office of
the Recorder of Deeds in and for Cumberland County, Pennsylvania as Instrument
No. 200912238.
{A3465872:1 }