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STIPULATION AGAINST LIENS
THIS AGREEMENT made the 95 day of February 2006, by and between Yingst Homes,
Inc., a Pennsylvania corporation, hereinafter referred to as Contractor, and SCOTT C. PENWELL
and KIRSTEN C. PENWELL, hereinafter, collectively, referred to as Owner, whereby the former
undertook and agreed to erect and construct a custom built home for Owner on that certain lot of
ground situate in East Pennsboro Township, Cumberland County, Pennsylvania, being Lot I on a
Final Subdivision Plan ofMagaro Hills, as recorded in Cumberland County Plan Book 88, Page 40,
more fully described in Exhibit "A" attached hereto and made a part hereof.
NOW THEREFORE, WITNESSETH: That the said Contractor, for and in consideration of
the sum of ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby
acknowledged, and the further consideration mentioned in the agreement aforesaid, for themselves
and their subcontractors, 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.
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WITNESS our hands and seals this ~day of February, 2006.
Signed, Sealed and Delivered
in the presence of:
ATTEST:
CONTRACTOR
YINGST HOMES, INC.,
a Pennsylvania corporation
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By:
OWNER
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Scott C. Penwell
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Kirsten C. Pen ell
STATE OF PENNSYLVANIA
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COUNTY OF DAUPHIN
On this tj-6a.ay of February, 2006, 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 execute the same 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.
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Notary Pu 'c
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STATE OF PENNSYLVANIA
COUNTY OFC'v"UcJ
On this, tha lst day of [4NFM ,2006, before me, the undersigned officer, personally
appeared, SCOTT C. PENWELL and RSTEN C. PENWELL, known to me or satIsfactonly
proven to be the persons whose names are subscribed to the within instrument, and acknowledged
that they executed the same for the purposes therein contained.
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IN WITNESS WHEREOF, I hereunto set my hand and official sea!.
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COMMONWEALTH OF PENNSYl.VANIA
NolaItaI Seat
JennlferGmss, NoIary PublIc
CampHlBoro. Ct.ntlt.~nd County
Myo.llnM., ExpIres Sept. 11, 2008
Member. Penfl!!vlv?f11a /,\ilI!:toda"o\"l Of Notaries
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EXHIBIT "A"
All that certain tract of land situated in East Pennsboro Township, Cumberland County,
Pennsylvania, being Lot I on a Final Subdivision Plan ofMagaro Hills, recorded on December 12,
2003, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan
Book 88, Page 40 (the "Plan"), more particularly bounded and described as follows:
BEGINNING at a point on the western Right of Way for Magaro Road; said point being
Northeastern corner of Lot 2; thence along Lot 2 S 38011'33" W a distance of 135.88 feetto a point;
thence along the same S 19056'39" W a distance of 109.07 feet to a point; thence along Lot 4 N
70003'21" W a distance of 16.37 feet to a point; thence along the same on a curve to the left with a
radius of 100.00 feet, an arc length of 51.70 feet, a chord bearing ofN 84051'58" W and a chord
length of51.12 feet to a point; thence along Lot 4 and Lot 5 S 80019'25" W adistanceof208.85 feet
to a point; thence along the lands of lands N/F of Lee and Kathryn Sawyer (DB 126, Page 780) N
15026'23" W a distance of 82.02 feet to a point; thence along the same N 66006'00" E a distance of
112.92 feet to a point; thence along the same N 49052'36" E a distance of 200.29 feet to a point;
thence along the same N 49039'39" W a distance of252.54 feet to a point; thence along the same N
67028'38" E a distance of 58.36 feet to a point on the western Right of Way for Magaro Road; thence
the same on a curve to the left with a radius of615.32 feet, an arc length of 124.21 feet, a chord
bearing of S 54020'04" E and a chord length of 124.00 feet to a point; thence along the same S
60007'02" E a distance of 65.99 feet to a point; thence along the same on a curve to the right with a
radius of 707.43 feet, an arc length of 102.60 feet, a chord bearing ofS 55057'45" E and a chord
length of 102.51 feet to a point; thence along the same S 51048'27" E a distance of 69.36 feet to a
point, said point being the place of beginning.
Containing: 73,830 Sq. Ft. (1.70 acres)
UNDER AND SUBJECT to all easements and restrictions whether or not of record and as
shown on the Plan.
BEING APART OF THE SAME PREMISES which Donald S. Failor and Michele L. Failor,
husband and wife, by Deed dated August 26,2003, recorded August 27,2003, in Book 258, Page
4558, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, conveyed
unto Fishing Creek Valley Associates, L.P.
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