HomeMy WebLinkAbout96-00531
STIPULATION AGAINST LIENS
VANGUARD CUSTOM
HOMES, LTD.
Owner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No.
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VANGUARD HOMES, INC.,
Contractor
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THIS STIPULATION is made this January 30, 1996.
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WHEREAS, Vanguard Custom Homes, Ltd. of ..; Jenkintown,
Pennsyl vania ("Owner") and Vanguard Homes, Inc. of Jenkin.town,
Pennsylvania ("Contractor") have executed on January 26, 1996, a
contract designated "Abbreviated Form of Agreement between Owner
and Contractor" (the "Contract") by which Contractor agrees to
provide general construction services to Owner for the following:
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A. Improvements on the real estate consisting of a .5969
acre tract known as Lot 1134 Phase III, The Peninsula,
Silver Spring Township, Cumberland County, PA as more
fully described in the legal description attached hereto
as Exhibit A and incorporated by reference (the "Real
Estate") consisting of the construction of a residence
thereon including all related improvements;
which Contract, together with all amendments, supplements,
extensions, substitutions and replacements thereof is referred to
herein as the "Contract".
Intending to be legally bound hereby, the parties hereto agree
and acknowledge that, at the time of and immediately before the
execution of the Contract, and before any authority has been given
by the said Owner to the said Contractor to commence work on the
said building construction, or purchase materials for the same, in
consideration of the making of the Contract with Owner and the
further consideration, receipt of which is hereby acknowledged,
provided to Contractor by Owner, Owner agrees on its own behalf and
on behalf of all subcontractors or others who provide work or
materials under the Contract, that no mechanic'S lien or other lien
shall be filed against the Real Estate or any improvement,
structure or building thereon, nor on any part or portion of any of
the foregoing by the Contractor, or any subcontractor, 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
furtherance of the site improvements or in the construction of the
buildings under the Contract, Owner's right to file such liens is
hereby expressly waived, on its own behalf and on behalf of all
subcontractors, material men, laborers and all others who supply
work or materials to the Real Estate.
This stipulation is intended to be recorded in the Office of
the Prothonotary in and for Cumberland County, Pennsylvania.
WITNESS, our hands and seals the day and year aforesaid.
OWNER:
VANGUARD CUSTOM HOMES, LTD.
By: EL , Inc., its General Partner
By:
Attest:
Sam el Nemroff,
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Elena S. Wiseman, Secretary
By:
CONTRACTOR:
VANGUr HOMES, INC.
samu~i~of~~e President
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Elena S. Wisemab, Secretary
Attest:
COMMONWEALTH OF PENNSYLVANIA)
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COUNTY OF MO>1 ~ <> 101 € '(', )
On this, the :l C; cJ. day of :r~ l\ <.J Cl r " , 1996, before
me, the undersigned officer, a notary ~ublic'in a~~ for said county
and s ta te, personally appeared ."0 '111 tJ..Q. I ~ ~ M r 0 f-L and
. , known to me (or satisfactorily proven),
who acknowledged themselves to be duly authorized officers of ELG,
INC., a corporation, general partner of Vanquard Custom Homes,
LTD., and that they as such officers being duly authorized to do
so, executed the foregoing Stipulation Against Liens for the
purposes contained therein by signing the name of the partnership
as such officers of said general partner.
IN W1TNESS WHEREOF, I have hereunto lIet my hand an notarial
seal.
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COMMONWEALTH OF PENNSYLVANIA)
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COUNTY OF 1'1 (J">l 1" ')It e "'( )
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On this, the ,v 'f day of " >1 u (l ,,', , 1996, before
me, the undersigned officer, a notary public in and for said county
and state, personally appeared St1l\1\<.le.1 lJel>\'('off_ and
, known to me (or satisfactorily proven)
who acknowledged themselves to be duly authorized officers of
VANGUARD HOMES, INC., a corporation, and that they as such officers
being duly authorized to do so, executed the foregoing Stipulation
Against Liens for the purposes contained therein by signing the
name of the corporation by themselves as such officers.
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IN WITNESS WHEREOF, I have hereunto set my hand and notarial
seal.
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ATTACHED TO AND FORMING A PART OF TITLE INSURANCE COMMITMENT
.~er No.: D148633CP
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EXHIBIT A
DESCRIPTION and RECITAL
ALL THAT CERTAIN lot situate in Silver Spring Township, Cumberland
County, Pennsylvania, bounded and described according to a Subdivision
Plan for The Peninsula Phase III by Hartman and Associates, dated
December 6, 1994 and last revised April 26, 1995 recorded in Plan Book
70, page 63, designated as Lot #34 thereon, as follows, to wit:
BEGINNING at a point on the Western right of way line of Bridgport Drive,
said point being located at the common corner of Lot #34 and Lot #35;
thence along the Western right of way line of Bridgport Drive South 02
degrees 19 minutes 18 seconds East, a distance of 130.00 feet to a point,
said point being a common corner of Lot #34 and Lot #33; thence along Lot
#33 South 87 degrees 40 minutes 42 seconds West, a distance of 200.00
feet to a point on the Eastern right of way line of Meadow View Court;
thence along the Eastern right of way line of Meadow View Court and Lot
#31 North 02 degrees 19 minutes 18 seconds West a distance of 130.00 feet
to a point, said poing being a common corner of Lot #34 and Lot #35;
thence along Lot #35 North 87 degrees 40 minutes 42 seconds East a
distance of 200.00 feet to a point, said point being the Place of
BEGINNING. SAID Lot contains 26,000.00 square feet or 0.5969 acre, more
or less. BEING designated as Lot #34 Phase III on the above captioned
Plan.
BEING part of the same premises which Silver Spring, Inc., a Penna.
corporation by Deed dated February 17, 1995 and recorded in CUmberland
County, in Deed Book 119 page 30 conveyed unto Sample Bridge Associates,
a Penna. general partnership.
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