HomeMy WebLinkAbout04-1789STIPULATION A~AINST LIENS
THIS AGREEMENT made this ~ day
between Jim Miller Custom Builder, Inc.
Contractor,
of April, 2004, by and
hereinafter referred to as
Levere Overmiller, Jr. and Mary Ann Overmiller, husband and wife,
hereinafter referred to as Owner, whereby the contractor undertook
and agreed to erected and construct a dwelling on the certain lot
of ground situate in Silver Spring Township, Cumberland County,
Commonwealth of Pennsylvania, and more fully described in Exhibit
"A" which is attached hereto and made a part hereof known as Lot #2
Walnut Point, 5 Stone Run Drive, cumberland County, PA.
NOW THEREFORE, THIS A~REEMENT WITNESSETH: That the said
Contractor, for an in consideration of the sum of ($1.00) Dollar to
Contractor in hand paid by Owner, the receipt whereof is hereby
acknowledged, and the further consideration mentioned in the
agreement aforesaid, for his or their subcontractors, and all
parties acting through or under them, covenant and agree that no
mechanic's liens or claims shall be filed or maintained by said
subcontractors or any of them against the said buildings and the
lot of ground appurtenant thereto for or on account of any work
done or materials furnished by said subcontractors or any of them
under said contract or otherwise, for, towards, in, or about the
erection and construction of the said buildings on the lot above
described, and the said Contractor, for his or their subcontractors
and others under them, hereby expressly waive and relinquish the
right to have, file, and maintain any mechanic's liens or claims
against the said buildings or any of them, and agree that this
instrument, waiving the right of lien, shall be an independent
covenant.
WITNESS our hands and seals the day and year first above
written.
Signed, sealed and delivered
in the presence of
Witne~
: J~MILLER CUSTOM BUILDER, Inc.
: By: ~char~Miller,/~resident
: Mary Ann Overm~ller
COMMONWEALTH OF PENNSYLVANIA :
COUN'TY OF CUMBERI~ND :
On this, the /9 day of April, 2004, before me, the
undersigned officer, personally appeared Richard Miller, President
of Jim Miller Custom Builder, Inc. known to me (or satisfactorily
proven) to be the President of said corporation, and acknowledged
that he executed the same for the purposes
IN WITNESS WHEREOF, I hereun~/~t ~z~
COMMONWEALTH OF PENNSYLVANIA :
:
COUNTY OF CLrMBERL.~ID :
,in contained.
d official seal.
'' (SEAL)
On this, the ~-- day of April, 2004, before me, the
undersigned officer, personally appeared Levere Overmiller, Jr.
and Mary Ann Overmiller, husband and wife, known to me (or
satisfactorily proven) to be the persons whose names are
subscribed to the within instrument, and acknowledged that they
executed the same for the purposes therein contained.
IN WITNESS
WHEREOF,
~j/ ~"- ' (SEAL)
NOTARIAL SEAL
KANDI L LENKER, NOTARY PUBLIC
CARLISLE BORO, CUMBERLAND COUNTY
MY COMMISSION EXPIRES FEBRUARY 20, 2005
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. Section 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 Planned Community ("Declaration"), dated June
17, 1998, recorded June 18, 1998, in Misc. Book 579, Page 882, as amended by First
Amendment to Declaration for Walnut Point, a Flexible Residential Planned
Community, dated November 13, 2002, recorded November 14, 2002, in Misc. Book
691, Page 3769, and as amended by Second Amendment to Declaration for Walnut
Point, a Flexible Residential Planned Community ("Second Amendment"), dated
April 22, 2004, recorded April 22, 2004, in Misc. Book 707, Page 3044, and being
and designated in such Declaration as Lot No. 2 (Identifying Number), described in
Section 2.2 of the Declaration, as amended and shown (and described) in Exhibit C-
2 of the Second Amendment.
BEING Lot No. 2, Final Subdivision Plan for Walnut Point Phase I, Lots 1, 2, and
Open Space No. 2, dated May 6, 2002, last revised July 24, 2002, recorded in the
Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book
85, Page 123.