HomeMy WebLinkAbout05-4020
STIPULATION AGAINST LIENS
JIM MILLER CUSTOM BUILDER,
INC. , Owner
IN THE' COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NUMBER DS" -.iJD,zO fM/j)'ERM , 2005
JIM MILLER CUSTOM BUILDER,
INC. , Contractor
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
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
{
day of August, 2005 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 s~id 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:
R CUSTOM BUILDER, INC.
By: t~tttttL ;Z
Richard A. Miller, President
R CUSTOM U~ER, INC.
Miller, President
:179890
2
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. 995101 et sea" as amended, by the recording in the
Office ofthe 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 as amended by
Second Amendment to Declaration for Walnut Point, a Flexible Residential Planned Community.
dated April 21, 2004. recorded April 22, 2004, in Miscellaneous Book 707, Page 3044, and
designated in such Declaration as Lot No, 64 (IdentifYing Number). described in Section 22 ofthe
Declaration, as amended and shown (and described) in Exhibit C-1 ofthe First Amendment.
CONTAINING 03260 acres,
BEING Lot No. 64, Final Subdivision Plan for Walnut Point Phase II, dated June 14. 2002, last
revised November 16, 2002, recorded in the Office of the Recorder of Deeds of Cumberland County,
Pennsylvania, in Plan book 85, Page 1,
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