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HomeMy WebLinkAbout03-6049STIPULATION AGAINST LIENS LYNN A. JOHNSON AND LINDA J. JOHNSON, Owner JIM MILLER CUSTOM BUILDER, INC., Contractor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVILNIA NUMBER~.~gF~TERM, 2003 WHEREAS, LYNN A. JOHNSON AND LINDA J. JOHNSON, of Mechanicsburg, 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, Cumberland County, Pennsylvania, more particularly bounded and described as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, this I~ day of November, 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. : 160334 CONTRACTOR: JIM~IL~R CUSTOM BUILBER, 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. ~i§5101 et se_~_q., 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. 57 {Identifying Number), described in Section 2.2 of the Declaration, as amended and shown (and described) in Exhibit C-1 of the First Amendment. CONTAINII~ 0.3699 acres. -- Lot rio. 57, Final Subdivision Plan for Walnut Point Phase II dated June 14, 2002, [~/[Se(J November 16, 2002~ recorded in the Office of the Recorder o~ Deeds of Cumberland Counw, pennsylvania, in Plan Book 85, Page 1.