HomeMy WebLinkAbout05-3508
STIPULATIONS AGAINST LIENS
RAMESH K. JINDAL and
PRABHA JINDAL, his wife,
Owners
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTy' PENNSYLVANIA
v.
HARRY L. SMITH & SONS. INC.,
Contractor
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Hummelstown, Dauphin County. Pennsylvania. are about to execute contemporaneously
~~lfEREAS, lIamesh K. Jindal and Prabha Jilldd, his wife. Owners. 01
herewith, a contract, with Harry L. Smith & Sons" Inc., of Harrisburg, Dauphin County.
Pennsylvania. for the following services: construction of a two story single family home on Lot
21, Final Subdivision Plan for Watts Tract. Hampden Township, Cumberland County,
Pennsylvania:
DESCRIPTION ofa parcel ofland located in the Township ofHarnpden, County of
Cumberland, State of Pennsylvania, in accordance with a plan entitled "Final Subdivision Plan of
Watts Tract", dated August 19, 1999 and last revised July 25,2000.
Said parcel being more fully described as follows:
BEGINNING at an iron pin to be set located along the northern right-of-way line of Eliza Way at
the dividing line between Unit 21 and Unit 22 as shown on the above said plan; thence along
Unit 21., North 41 degrees 54 mmutes 18 seconds West a uistance of 290.85 feet to an iron pin to
be set along the line of Unit 16; thence along Unit 16, South 27 degrees 46 minutes 49 seconds
East, a distance of 125.28 feet to an iron pin to be set at the dividing line between Unit 20 and
Unit 21; thence along Unit 20, South 31 degrees 55 minutes 3 I seconds West, a distance of
229.27 feet to an iron pin to be set along northern right-of-way line of Eliza Way; thence along
Eliza Way the following 3 courses and distances: (I) along a curve to the left having a radius of
800.00 feet, a delta angle of 01 degrees 39 minutes 38 seconds, an arc length of65.07 feet and a
chord bearing and distance of North 56 degrees 22 minutes 58 seconds West, 65.06 feet, to an
iron pin to be set; (2) North 58 degrees 42 minutes 47 seconds West, a distance of38.22 feet to
an iron pin to be set; (3) along a curve to the right having a radius of300.00 feet, a delta angle of
10 degrees 37 minutes 05 seconds, an arc length of55.60 feet, and a chord bearing and distance
of North 53 degrees 24 minutes 15 seconds West, 55.52 feet to an iron pin to be set at the
dividing line between Unit 21 and Unit 22, the place of BE GINNING.
CONT ArNING 0.813 acres or 35,424 square feet, more or less.
BEING Lot 21 as shown on the Final Subdivision Plan of the Watts Tract prepared by Dawood
Engineering, Inc. dated August 19, 1999 (cover sheet dated July 22, 1999), last revised July 25,
2000 an recorded in Cumberland County Plan Book 81, Page 99.
UNDER AND SUBJECT to the Declaration of Pinehurst Hills, a Planned Community, dated
September 7,2000 and recorded September IS, 2000 in the Cumberland County Recorder of
Deeds Office in Misc. Book 654, Page 1002.
NOW, :JULY II
. 2005, at the time of and immediately before the
execution of the principal contract, and before any authority has been given by the said Owners
to the said Contractor to commence the said work, or purchase materials for the same in
consideration of the making of the said contract with Contractor, and the further consideration
of One Dollar, to Contractor paid by Owners, it is agreed that no lien shall be filed against the
property by the Contractor, or any sub-contractor, nor by any of the material men or workmen
or any other person for any labor, or materials purchased. or extra labor or materials purchased
in connection with said work, the right to file such liens being expressly waived.
WITNESS, our hands and seals the day and year aforesaid.
SIGNED AND SEALED IN
THE PRESENCE OF
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Ram~Jindal, Owner
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ATTEST:
HARRY L. SMITH & SONS, INC.
Contractor
Secretary
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President
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VELVET J. KAUFFMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 05 - 3908 Civil Term
KEITH E. KAUFFMAN,
Defendant
: ACTION IN DIVORCE
STIPULATION AND CUSTODY AGREEMENT
~
This Stipulation and Custody Agreement is made this 17 day of e~ ,2005,
by and between Velvet J. Kauffman, (hereinafter referred to as "Mother") and Keith E.
Kauffman, (hereinafter referred to as "Father");
WITNESSETH:
WHEREAS, Mother and Father are the natural parents of one (1) minor child, Olivia Ann
Kauffman, date of birth, August 26,1995 and;
WHEREAS, Mother and Father have reached an agreement relative to the future care,
custody, and visitation of their child, the terms of which agreement both parties desire to set forth
in the present Stipulation and Custody Agreement, and
WHEREAS, Mother and Father desire the provisions of the present Stipulation and
Custody Agreement be approved by the Honorable Court of Common Pleas of Cwnberland
County and entered as a Court Order, with the same force and effect as though said Order had
been entered after Petition, Notice and Hearing.
NOW THEREFORE, the parties, intending to be legally bound, and in consideration of
the mutual promises and agreements contained herein, hereby agree as follows:
I. Lel!:al Custody. Mother and Father shall have shared legal custody oftheir minor
daughter, Olivia Ann Kauffman, born August 26, 1995. Joint legal custody means both parents
have the right to control and share in making of decisions of importance in the life of their child,
including educational, medical, and religious decisions. Both parents shall be entitled to equal
access to the child's school, medical, dental, and other important records.
As soon as practicable after the receipt by a party, copies of the child's school schedules,
special events notifications, report cards, and similar items shall be provided to the other party.
Notwithstanding that both parents shall share legal custody, non-major decisions
involving the child's day-to-day living shall be made by the parent then having custody,
consistent with the other provisions of this Agreement.
2. Residential Custody. Mother shall have primary physical custody of the child.
3. Partial Custody. Father shall have partial custody of the Child as follows:
a. Every other Monday from 4:00 p.m. through 8:30 p.m.
b. Every Wednesday from 4:00 p.m. through 8:30 p.m.
c. Every other Friday from 4:00 p.m. through 8:30 p.m. or Saturday at 10:00 a.m.
d. On alternating weekends, Friday from 4:00 p.m. trhough Sunday at 4:00 p.m.
e. Other days or evenings, including overnight visits, as agreed upon by the
parties.
f. Nothing in this agreement shall keep the parties from making other
arrangements upon mutual agreement. Upon providing Motller with twenty-four hours notice,
Father may request any weekday period of visitation be scheduled for a different day due to his
work schedule.
4. Holidays. Father shall have partial custody of the Child as follows:
a. Beginning in 2005, and every odd year thereafter, Father shall have a period
of custody with the child on New Year's Eve from 4:00 p.m. until 4:00 p.m. New
Years Day.
b. Beginning in 2005, and every odd year thereafter, Father shall have a period of
custody with the child on Thanksgiving from 9:00 a.m. through 6:00 p.m.
c. Beginning in 2005, and every odd year thereafter, Father shall have a period of
custody with the child from Christmas Eve on 4:00 p.m. through Christmas at
1:00 p.m.
d. Beginning in 2006, and every even year thereafter, Father shall have a period
of custody with the child on Memorial Day from 9:00 a.m. through 8:30 p.m.
e. Father shall have a period of custody with the child every July 4th and Labor
Day from 9:00 a.m. through 9:00 p.m.
5. Onl!:oinl!: Relationshin. Neither party shall attempt to undermine the mutual love and
affection that the child may have for the other parent and neither parent shall, in the present of
the child, make any disparaging or negative remarks concerning the other parent. Each party
shall confer with the other on all matters of importance relatingot the child's health, maintenance,
and education with a view toward obtaining and following a harmonious policy I nthe child's
education and social adjustment. Each party agrees to keep the other informed of his or her
residence and telephone number to facilitate communication concerning the welfare of the child
and visitation period. Each party agrees to supply the name, address, and telephone numbers of
any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and
for each person or entity which may provide daycare for the (:hild.
6. Illness of the Child. Emergency decisions regarding the child shall be made by the
parent then having custody. However, in the event of any emergency or serious illness of the
child at any time, any party then having custody of the child, shall communicate with the other
party by telephone or any other means practicable, informing ther other party of the nature of the
illness or emergency, so the other parent can become involving in the decision making process as
soon as possible.
During such illness, each party shall have the right to visit the child as often as he or she
desires, consistent with the medical care of the child.
7. Welfare ofthe Child to be Considered. The welfare and convenience of the child
shall be the prime consideration of the parties in any application of the provisions of this
Agreement.
8. Bindinl!: effect. This Agreement and all of its tenns and conditions shall extend to
and be binding upon the parties hereto and their respective successors, executors, administrators,
heirs, personal representatives, and assigns.
9. Governinl!: Law. This Agreement shall be governed and controlled by the laws of
Pennsylvania.
10. Amendment. No term or provision of this Agnlement may be modified or
amended, except by means of a written instrument executed by the parties hereto.
II. Headinl!:s. Section and paTagraph headings in this Agreement are included for the
convenience of reference only and shall not constitute part of this Agreement for any other
purpose.
12. Backl!:round. The background provisions to this Agreement set forth above
(including, without limitation, all defined terms set forth above) are hereby incorporated in this
Agreement and made a part hereof as if set forth intheir entifl~ty in this Section.
13. Enforcement. The parties agree that this Agre(:ment may be adopted as an Order of
Court without the necesssity of a Court hearing.
14. Entire Al!:reement. This Agreement contains the entire understanding between the
parties concerning the subject matter hereof, and no representations, inducements, promises or
agreements, oral or otherwise, not embodied herein shall be of any force or effect. This
Agreement supersedes any and all prior agreements, written or oral, between the parties hereto
relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation
and Custody Agreement the day and year first above written.
WITNESS:
Keith E. Kauffman, Fa
./
~~
OF PENNSYLVANIA )
loss
COUNTY OF CUMBERLAND )
On this, thel F] day of ~ ' 2005, before me, the undersigned officer, personally
appeared KEITH E. KAUFFMAN known to me, (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set m
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAl
DBoroNNNotMc' SHUGHART. NQtory Public
aIIIIe. Cumberland Coooly
My CommIssIon Explres Nov, 28. 2006
My commission expires:
SEAL
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COMMONWEALTH OF PENNSYLVANIA )
loss
COUNTY OF CUMBERLAND )
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On this, the 11 day of t::J:ii JJd>.t-V ,2005, before me, the undersigned officer, personally
appeared VELVET J. KAUFFMAN \a;'o:';;to me, (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and offi . l:a~~~-, ~'!l"lA1. SEAL
" "'I, Notary PublIc
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My commission expires:
SEAL
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