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HomeMy WebLinkAbout99-01859 STIPULATION AGAINST LIENS MARK 0, FAUBER AND CATHY S, FAUBER, IN THE COURT OF COMMON PLEAS OF Owner CUMBERLAND COUNTY, PENNSYLVANIA v, NUMBER q:;--/B:'9 M4)rERM, 1338 DAVID S. MILLER, t/d/b/a JIM MILLER BUILDER, Contractor WHEREAS. MARK G. FAUBER AND CATHY S, FAUBER, of Mechanicsburg. pennsylvania, the Owner, contemporaneously herewith has executed or is about to execute a contract with David S. Millerr t/d/b/a Jim Miller Builder, of Dillsburg, York County, Pennsylvania I the Contractorr for the construction of a dwelling house, and related structures or improvements, upon that certain land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, this z9 day of March, 1999, 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 reach intending to be legally bound hereby, have duly executed this Stipulation on the aforesaid day, month and year. OWNER: -e---- /J ~0~ MARK G. FAUBER CAT~:J,.Fi~R.JCLJ..L~ CONTRACTOR: ::M ~ILDER _ -r2v??- ;;, David S. M~r, by His v ~ ~;;~;;.Y-in-'.n'~J~r~ fla4 -2- EXIIIIlIT A ALL TIIAT CERTAIN piece, parcel or lot of land situate in Upper Allen Township, Cumberland County. Pennsylvania. and bounded and described as follows; BEGI NNING at a point on the Southern right-of-way line of lIL1Stings Drive (50,00 feet wide), snid point being located at the Northwestern comer of Lot No. 154; then along the Western boundary line of Lot No. 154, South 01 degree 25 minutes 55 seconds Enst. and passing through a 25,00 foot wide drainage easement. for a distance of 125.00 feet, to a point in line of other lands now or fonnerly of The McNaughton Company; then along said other lands of McNaughton. and along said 25,00 foot wide drainage easement. South 88 degrees 34 minutes 05 seconds West, for a dislance of 80,00 feet, to a point at the Southeastern comer of Lot No, 152; then along the Eastern boundary line of Lot No, 152, and through snid 25.00 foot wide drainageeasemenl, North 0 1 degrees 25 minutes 55 seconds West, for a distance of 125.00 feet, to a point on the Southern right-of-way line of Hastings Drive (50.00 feet wide); then along said right-of-way line North 88 degrees 34 minutes 05 seconds East, for a distance of 80,00 feet, to a point and the place of BEGINNING. THIS piece, parcel or lot of land consists of approximately 10,000 square feet of land, and is known and numbered as Lot No, 153 on the Final Subdivision Plan for Canterbury Estates, Phases VII and VIII, which is recorded in Cumberland County in Plan Book 77, Page 100, :94395 ~ ..e -.....:::; "'"' 8 ~ ..:c 1 cl J >- ~ ..... . - ~ ..Jl S-- '" 0- "" ~(! i.~ ..... )-: ...... ~ ,', .I..:.l. "- () ~L) ,":1 If' e. o' \) ~ .,. N , -' u:: ~:. Co: 0 ~ F or,";' : .j ~ ;.: 6;:. 1.1. m ~-:.. d 0 --::) 0" t.J . '