HomeMy WebLinkAbout03-1825STIPULATION A~AINST LIENS
SCOTT R. DUNKLE AND
JUDITHE M. DUNKLE, Owner
Vo
JIM MILLER CUSTOM BUILDER,
INC., Contractor
WHEREAS, SCOTT R.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NUMBER ~3-/~~~TERM' 2003
DUNKLE AND JUDITHE M. DUNKLE, of
Mechanicsburg, Pennsylvania, the Owner, contemporaneously herewith
has executed or is about to execute a contract with JIM MILLER
CUSTOM BUILDER, INC., of Dillsburg, York County, Pennsylvania, the
Contractor, for the construction of a dwelling house, and related
structures or improvements, upon that certain land situate in
Silver Spring Township, Cumberland County, Pennsylvania, more
particularly bounded and described as set forth in Exhibit "A"
attached hereto and made a part hereof.
NOW, this 17th day of April, 2003 at the time of and
immediately before the execution of the said principal contract,
and before any authority has been given by the said Owner to the
said Contractor to commence work on, or to furnish or purchase
materials for the aforesaid buildings or construction, in
consideration of the making of said contract with said Contractor
and the further consideration of One Dollar to said Contractor paid
by said Owner, it is agreed that no liens or claims shall be filed
or made against said buildings and/or land, or any part, piece,
parcel or lot thereof, by said Contractor, or any sub-contractor,
or by any materialmen, workmen or other persons for or on account
of any labor provided or materials furnished or purchased, or any
extra labor or materials provided, furnished or purchased for said
buildings or construction, hereby expressly waiving any and all
rights to file or make such liens and claims.
AND, in furtherance hereof, the said Contractor does hereby
represent and warrant that as of the time of the execution hereof,
neither said Contractor, nor any sub-contractors, materialmen,
workmen or any other persons have commenced any work on, or
furnished or purchased any materials for the aforesaid buildings or
construction.
IN WITNESS WHEREOF, the said Owner and Contractor, each
intending to be legally bound hereby, have duly executed this
Stipulation on the aforesaid day, month and year.
WITNE~
SCOTT R. DUNKLE
JU~HE M. DUNKLE
CONTRACTOR:
JIM 5~i1~LER CUSTOM BUILDER, INC.
Ri=chard A. Miller, P~esident
:154237
EXHIBIT "A"
ALL THAT CERTAIN lot, tract or parcel of land located in Silver
Spring Township, Cumberland County, Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a point on the eastern right-of-way line of Stone Run
Drive, said point being located the following four courses from the
centerline projected of Spring view Court 1) South 78 degrees 05
minutes 00 seconds East a distance of 532.89 feet 2) by the same by a
curve to the left having a radius of 250.00 feet, an arc distance of
291.98 feet 3) North 35 degrees 00 minutes 00 seconds East a distance
of 370.92 feet to a point 4) by a curve to the left having a radius
of 225.00 feet an arc distance of 13.74 feet to a point~ thence from
said point of beginning by the eastern right-of-way line of Stone
Run Drive by a curve to the left having a radius of 225.00 feet an
arc distance of 76.58 feet to a point; thence by Lot No. 107 and Open
Space No. 5 South 78 degrees 00 minutes 00 seconds East a distance of
181.31 feet to a point on the line of land now or late of Gerald F.
Sheely~ thence by land now or late of Gerald F. Sheely and now or
late of Dale E. Hench and by land now or late of Raymond C. Hollinger
South 34 degrees 57 minutes 25 seconds West a distance of 135.88 feet
to a point~ thence by Lot No. 105 North 58 degrees 30 minutes 00
seconds West a distance of 149.81 feet to a point on the eastern
right-of-way line of Stone Run Drive the place of BEGINNING. SAID
tract contains 16,802.69 square feet or 0.3857 acres.
BEING Lot No. 106 as shown on a Final Subdivision Plan for Walnut
Point, Phase II for Harold Stoner, as recorded in the Office of the
Recorder of Deeds of Cumberland County in Plan Book 85, page 1.