HomeMy WebLinkAbout03-5660STIPULATION AGAINST LIENS
DAVID L. BROUSE :
LISA M. BROUSE, :
Owners :
JIM MILLER CUSTOM BUILDER, :
INC., Contractor :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NUMBER O3'-~&~9 TERM, 2003
WHEREAS, David L. Brouse and Lisa M. Brouse 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
Silver Spring Township,
particularly bounded and
attached hereto and made
Cumberland County, Pennsylvania, more
described as set forth in Exhibit
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 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.
WITNESS
OWNER:
David L. Brouse
CONTRACTOR:
JIM MI[~LER CUSTOM BUILDER, INC.
R~chard A. Miller, President
:158639
EXHIBIT "A"
ALL THAT CERTAIN Lot in the property known, named and identified in the Declaration, referred
to below, as"Walnut Point, a Planned Community," located in Silver Spring Township, Cumberland
County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania
Uniform Planned Community Act, 68 Pa.C.S.A. § § 5101 et seq., as amended, by the recording in the
Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration for Walnut
Point, a Flexible Residential Planned Community ("Declaration"), dated June 17, 1998, recorded
June 18, 1998, in Miscellaneous Book 579, Page 882, as amended by First Amended Declaration
for Walnut Point, a Flexible Residential Planned Community ("First Amendment"), dated November
13, 2002, recorded November 14, 2002, in Miscellaneous Book 691, Page 3769 and designated in
such Declaration as Lot No. 44 (Identifying Number), described in Section 2.2 of the Declaration,
as amended and shown (and described) in Exhibit C-1 of the First Amendment.
CONTAINING 0.3281 acres.
BEING LOT No. 44, Final Subdivision Plan for Walnut Point Phase I1, dated June 14, 2001, last
revised November 16, 2001, recorded in the Office of the Recorder of Deeds of Cumberland County,
Permsylvania, in Plan Book 85, Page 1.
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