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HomeMy WebLinkAbout03-5052STIPULATION A~AINST LIENS HARRY L. STEPHENSON, SR. and : BETTY M. STEPHENSON, : Owners : JIM MILLER CUSTOM BUILDER, : INC., Contractor : IN THE COURT OF COMMON PLEAS OF CUMBERLAIqD COUNTY, PENNSYLVANIA NUMBER ~.~dk~ ~TERM, 2003 WHEREAS, HARRY L. STEPHENSON, SR. and BETTY M. STEPHENSON of Cumberland County, 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 Lower Allen, Cumberland County, Pennsylvania, more particularly bounded and described as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, this 17 day of September, 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 the intending to be bound Stipulation on the aforesaid day, WHEREOF, said Owner and Contractor, each legally hereby, have duly executed this month and year. WITNESS: :158629 OWNER: HARRY L./STEP~ENSON, SR. CONTRACTOR: JIM M,~LER CUSTOM BUILDER, INC., BYRi c~a~r~ A~. M~i 1 l~e r ,~p~r e~ EXHIBIT A ALL THAT CERTAIN Lot in the property known, named and identified in the Declaration, referred to below, as "The Manor at Fair Oaks, A Planned Community," located in Upper Allen Township and Lower Allen Township, Cumberland County, Pennsylvania, which as heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A. §§5101 et seq., by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration for The Manor at Fair Oaks, A Flexible Residential Planned Community ("Declaration"), dated June 4, 2003, recorded June 5, 2003, in Miscellaneous Book 698, Page 28, designated in such Declaration, as Lot No. 13 (Identifying Number), as described in Section 2.2 of the Declaration, and shown (and described) in Exhibit F of the Declaration. BEING Lot No. 13, Phase 1 Final Subdivision Plan For The Manor At Fair Oaks, Upper and Lower Allen Townships, Cumberland County Permsylvania, dated April 22, 2002, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 86, Page 1. :158674