HomeMy WebLinkAbout03-5596STIPULATION AGAINST LIENS
JIM MILLER CUSTOM BUILDER,
INC., Owner
JIM MILLER CUSTOM BUILDER,
INC., Contractor
IN THE COURT OF COMMON PLEAS OF
CUMBERIJ~ND COUNTY, PENNSYLVANIA
NUMBER~'~-~-~ /~L~TERM, 2003
WHEREAS, JIM MILLER CUSTOM BUILDER, INC. of Dillsburg, York
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 Township, Cumberland County, Pennsylvania, more particularly
bounded and described as set forth in Exhibit "A" attached hereto
and made a part hereof.
NOW, this ~\ day of October, 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
extra labor or materials provided,
buildings or construction, hereby
furnished or purchased, or any
furnished or purchased for said
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.
WITNESS:
OWNER:
JIM ~/~ER CUSTOM BUILDER, INC.
Richard A. Miller, Presiden
: 159814
CONTPJICTOR:
JIM ~ILL~R CUSTOM BUILDER, INC. --
RiChard A. Miller, President
EXHIBIT "A"
ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township,
Cumberland County, Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point on the eastem right-of-way line of Hart Crossing, said point also being a
common property comer of Lot 41 and Lot 45 of the hereinafter referenced Final Subdivision
Plan; THENCE along the eastem right-of-way of Hart Crossing North 18 degrees 10 minutes 23
seconds West a distance of 113.93 feet to a point, said point being a common property comer of
said Lot 41 and Lot 40 of the hereinafter referenced Final Subdivision Plan; THENCE along the
southern boundary line of said Lot 40 North 71 degrees 49 minutes 37 seconds East a distance of
180.06 feet to a point, said point being a common property comer of Lot 39, Lot 40, Lot 41 and
Lot 42 of the hereinafter referenced Final Subdivision Plan; THENCE along western boundary
line of said Lot 42 South 30 degrees 45 minutes 27 seconds East a distance of 116.73 feet to a
point on the northern property line of lands N/F R. Hart Enterprises, Inc., said point being a
common property comer of said Lot 42 and said Lot 41; THENCE along the northern boundary
line of said R. Hart Enterprises, Inc. lands and Lot 45 of the hereinafter referenced Final
Subdivision Plan South 71 degrees 49 minutes 37 seconds West a distance of 205.50 feet to a
point, the point and place of BEGINNING.
BEiNG Lot No. 41 depicted on the Phase 1 Final Subdivision Plan for The Manor at Fair
Oaks, said plan dated April 22, 2002, last revised August 30, 2002, prepared by Alpha
Consulting Engineers, Inc., Project Number 210544, and recorded in the Office of the Recorder
of Deeds of Cumberland County in Plan Book 86, Page 1.
:159828