HomeMy WebLinkAbout02-0940 STIPULATION AGAINST LIENS
THIS AGREEMENT made the ~ day of FEBRUARY, 2002
by and between YINGST HOMES, INC.
hereinafter referred to as Contractor,
DONALD A. NEWELL AND PATRICIA NEWELL
hereinafter referred to as Owner, whereby the former undertook and agreed to construct a
single family dwelling, on LOT %6 MILLERS GAP ROAD, MECHANICSBURG, PA, CUMBERLAND COUNTY,
PENNSYLVANIA
NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and
in consideration of the sum of 1.00 Dollar to YINGST HOMES, INC., it
in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further
consideration mentioned in the agreement aforesaid, for themselves and their subcontrac-
tors, and all parties acting through or under them, covenant and agree that no mechanic's
liens or claims shall be filed or maintained by them or any of them against the said
buildings and the lot of ground appurtenant thereto for or on account of any work done or
materials furnished by them or any of them under said contract or otherwise, for, towards,
in, or about the erection and construction of the said buildings on the lot above
described, and the said Contractor, for themselves, their subcontractors and others under
them hereby expressly waive and relinquish the right to have, file, and maintain any
mechanic's liens or claims against the said buildings or any of them, and agree that this
instrument, waiving the right of lien, shall be an independent covenant.
WITNESS our hands and seals the day and year first above written.
Signed, Sealed and Delivered
in the presence of
YINGST HOMES, INC.
: DONALD A. NEWELL
PATRICIA NEWELL
ALL THAT CERTAIN plot of ground situate in Silver Spring Township,
Cumberland County, Pennsylvania, bounded and described in accordance with a Final
Subdivision Plan dated February 10, 2000, last revised June 23, 2000, recorded in Plan
Book 81, page 94, a copy of which is attached hereto as Exhibit A, as follows, to wit:
BEGINNING at a concrete monument (tO be set) which is located on the western
dedicated fight of way line of Millers Gap Road (T-594) and the southern line of lands
now or formerly of Bradley A. Nellis; thence along the dedicated right of way line South
08 degrees 57 minutes 28 seconds East a distance of 25.92 feet to an iron pin (to be set) at
the southeast comer of the pole of Lot Number 6 and the northeast comer of the pole of
Lot Number 5; thence along the northern line of the pole of Lot Nnmber 5 North 83
degrees 36 minutes 32 seconds West a distance of 660.37 feet to an iron pin (to be set) at
the southwest comer of Lot Number 6 and the southeast corner of Lot Number 5; thence
along the eastern line of Lot Nnmber 5 North 04 ~ ?i..m~'.~_t'-' 32 _s~_on~nE~tmba t
distanceof224.17feettoanimnpia(tobeset)atth~:~we~tCam!erofL°t N oero,
the northeast comer of Lot Number 5, and a point on the southern line of lands now or
formerly of George F. Sullenberger, Jr.; thence along the southern llne of lands now or
formerly of George F. Sullenberger, Jr., South 83 degrees 48 mlnute8 33 seconds East a
distance of 240.06 feet to an iron pin (to be set) at the northeast comer of Lot Number 6
and the northwest comer of lands now or formerly of Bradley A. Nellis; thence along the
western line of lands now or formerly of Bradley A. Nellis South 04 degrees 54 minutes
32 seconds West a distance of 200.00 feet to an iron pin (to be set) at the southeast comer
of Lot Number 6 and th.e southwest comer of lands now or formerly of Bradley A. Nellis;
thence along the southern line of lands now or formerly ofBrnaley A. Nellis, South 83
degrees 36 minutes 32 seconds East a distance of 414.08 feet to a concrete monument (to
be set), being the point and place of BEGINNING.
BEING Lot Number 6 as shown on the above referenced Final Subdivision Plan,
containing 1.48 acres (64,330.86 square feet).
BEING THE SAME PREMISES which SMF Ventures/Silver Spring L.P., by their deed
dated November 8, 2001, and recorded December 10, 2001, in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, and recorded in
Record Book 249, Page 2695, granted and conveyed unto Donald A. Newell and
Patricia Newell, h/w, Mortgagors herein.