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HomeMy WebLinkAbout99-02876r STIPULATION AGAINST LIENS David S. Miller and Betty Jo Miller, Owner. V. David S. Miller, t/d/b/a Jim Miller Builder, Contractor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NUMBER gy. J8?L M4TERM, 1999 WHEREAS, David S. and Betty Jo Miller, of Dillsburg, York County, Pennsylvania, the Owner, contemporaneously herewith has executed or is about to execute a contract with David S. Miller, t/d/b/a Jim Miller Builder, of Dillsburg, York County, Pennsylvania, the Contractor, for the construction of a dwelliing house, and related structures or improvements, upon that certain _X (Apre Allaw I-wr. 01L e C--4 (AwT? land situate in Grxa i m •aship, Y-a ' ,ty, Pennsylvania, more particularly bounded and described as set forth in Exhibit "A." attached hereto and made a part hereof. NOW, this -6th day of May, 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, f 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. T V 1? K : l pil"A t j ' Al David Mille 1?1 / D (I a By: V ILL ?V/T Bee y Jo M: 11 His Attorney-in-Fs Betty o Kt/iler CONTRACTOR: JIM?MILLER By c)v r David By: I Betty -2- J. Miller erli 's Attorney-in- WITNESS: 1 L;xI In31T " A„ ALL THAT CERTAIN tract or parcel of land being situate in Upper Allen Township, Cumberland County, Pennsylvania, and being Lot No. 20 on Plan ofAshcombe Farms North as set forth in Plan Book 73 Page 12, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western right-of-way line of Fleming Drive, a 50 foot wide street, said point being the southwestern corner of Lot No. 19; THENCE along the southern line of said lot North 81 degrees 34 minutes 45 seconds East a distance of 162.71 feet to a point; THENCE South 09 degrees 48 minutes 33 seconds West a distance of 74.09 feet to a point; THENCE South 26 degrees 47 minutes 05 seconds West a distance of 44.62 feet to a point, said point being the northeastern line of Lot No. 21; THENCE along the northern line of said lot South 70 degrees 22 minutes 44 seconds West a distance of 93.33 feet to a point, said point being on the eastern right-of- way line of Fleming Drive; THENCE along said right-of-way line North 19 degrees 37 minutes 16 seconds West a distance of 95.00 feet to a point; THENCE continuing along said along a curve to the right having a radius of 210.00 feet and an arc length of 32.03 feet, said arc being subtended by a chord of North 15 degrees 15 minutes 06 seconds West a distance of 32.00 feet to a point, the PLACE OF BEGINNING. :88685 7 V fJ 0 i J" A n C i ?w w T?