Loading...
HomeMy WebLinkAbout96-00531 STIPULATION AGAINST LIENS VANGUARD CUSTOM HOMES, LTD. Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. Cf lD _ ~- ~ I (tl L 1) ~'v.....<: n /0 - P(l. I": .., , . , J ~. .. , .., , , ..-, ." VANGUARD HOMES, INC., Contractor ~ .,1 THIS STIPULATION is made this January 30, 1996. .. I '.11'. . , 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: , , 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, 7 \,'^,. '\f\ " ...---. Elena S. Wiseman, Secretary By: CONTRACTOR: VANGUr HOMES, INC. samu~i~of~~e President (~ \"i"\. (\.Q"'c'~'-- Elena S. Wisemab, Secretary Attest: COMMONWEALTH OF PENNSYLVANIA) i ss. 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. ;:', t' . ~ ~', ,,',' !.! r, . . { ~ .t~,1 i , ; ',:' ., COMMONWEALTH OF PENNSYLVANIA) t ss. COUNTY OF 1'1 (J">l 1" ')It e "'( ) "l.tl --J 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. ,.,., ........,.~... ~.J' ': ,.~:.\.,I,~ IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~;?llvv Nota Public )- Not1-,:,-.1 S'l;'11 sl';~:'~1 p, Cll" Y i':c:ary Puh!ic r~ I'; ..' '. ,.'. ,-. " I : . .'.. .. '._ ~-'.- ',:,"'-.:..;:'':>!li;]!'Y Counly . I.; ',' ','.;':! t .i:':: ~, i.~,l'~' 10, 1~('!1 P.:,.,.~;;.>(. Pl.';:-;~;;~A,~~;r~~ . -~,-~~ '." - t. ~ ATTACHED TO AND FORMING A PART OF TITLE INSURANCE COMMITMENT .~er No.: D148633CP .................M.....a.a.................................~_........... 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. AA3 ,. 1.1; 0 ~ C"~ ~ 8 r'~. IU~? .:~14~ Cl0 c"" -- <..' ;_;1 I'" . '.0: .;,;. ' -, ;;-:1 ('5'~ , , '. .~ :~~ B' (r, . ,. ! ~ , LL:~', 01..: 'i~iJ 1-" -, . ')1":- ". ,.., ":j 0 <;. U