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HomeMy WebLinkAbout05-5070 .... I STIPULATION AGAINST LIENS JIM MILLER CUSTOM BUILDER, INC., Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA tJ5- - !.J~ 7 D }At<'9 NUMBER TERM, 2005 v. 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 Hampden Township, Cumberland Pennsylvania, more County, particularly bounded and described as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, this :Jb day of September, 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 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 cbmmenced 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. R, INC. WITNESS: By: CONTRACTOR: INC. :181047 2 , EXHIBIT "A" ALL THAT CERTAIN Unit and the property known, named and identified in the Declaration referred to below as Grandon Farms, Planned Community~ located in Hampden Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act 68 Pa.C.S.A. Sec.5101 et seq., by the recording in the Office of the Recorder of Deeds of Cumberland County ofa Declaration, dated October 23, 1997, and recorded November 3, 1997, in Miscellaneous Book 561, Page 56, which has been amended by a First Amendment to Declaration dated June 29, 1998, and recorded June 29, 1998, in Miscellaneous Book 580, Page 597, which has been further amended by a Second Amendment to Declaration dated December 11, 1998, and recorded on December 17, 1998 in Miscellaneous Book 597, Page 1144, which has been further amended by a Third Amendment to Declaration dated June 4, 1999 and recorded June 24 1999 in Miscellaneous Book 617, Page 246, which has been further amended by a Fourth Amendment to Declaration dated July 23, 1999 and recorded July 29, 1999 in Miscellaneous Book 620, Page 644, as further amended by a Fifth Amendment to Declaration dated November 29, 1999 and recorded December 2, 1999 in Miscellaneous Book 632, Page 186, and recorded on December 22, 1999 in Miscellaneous Book 634, Page 158, as further amended by a Sixth Amendment to Declaration dated August 1, 2000 and recorded August 10,2000 in Miscellaneous Book 651, Page 665, as further amended by a Seventh Amendment to Declaration dated August 31, 2000 and recorded September 6, 2000 in Miscellaneous Book 654, Page 294, as further amended by an Eighth Amendment to Declaration dated December 15,2000 and recorded December 20,2000 in Miscellaneous Book 662, Page 917, as further amended by a Ninth Amendment to Declaration dated June 27, 2001 and recorded November 7,2001 in Miscellaneous Book 682, Page 1041, as further amended by a Tenth Amendment to Declaration dated January 10, 2003 and recorded January 22,2003 in Miscellaneous Book 693, page 3163 and recorded in Miscellaneous Book 694, Page 2273, as further amended by an Eleventh Amendment to Declaration dated June 2, 2003 and recorded June 6, 2003 in Miscellaneous Book 698, Page 226, as further amended by a Twelfth Amendment to Declaration dated November 19,2003 and recorded November 25,2003 in Miscellaneous Book 704, Page 1102, as further amended by a Thirteenth Amendment to Declaration dated June 8, 2004 and recorded on June 11,2004 in Miscellaneous Book 708, Page 4802, as further amended by a Fourteenth Amendment to Declaration dated November 4, 2004 and recorded November 9,2004 in Miscellaneous Book 712, Page 4656, and as further amended by a Fifteenth Amendment dated December 30,2004 and recorded January 5, 2005 in Miscellaneous Book 714, Page 1520. BEING and designated in such Declaration as Unit/Lot No. 195, which said Unit is more fully described in said Declaration and is shown on the Declaration Plan recorded in Right of Way Plan Book 11, Page 112, as amended by First Amendment to Declaration Plan recorded in Right of Way Plan Book 12, Page 6, as further amended by Second Amendment to Declaration Plan recorded in Right of Way Plan Book 12, Page 39, as further amended by Third Amendment to Declaration Plan recorded in Right of Way Plan Book 12, Page 66, as further amended by a Fourth Amendment to Declaration Plan recorded in Right of Way Plan Book 12, Page 85, as further amended by Fifth Amendment to Declaration Plan recorded in Right of Way Plan Book 12, Page 102, as further amended by Sixth Amendment to Declaration Plan recorded in Right of Way Plan Book 12, Page 109, as further amended by a Seventh Amendment to Declaration Plan recorded in Right of Way Plan Book 12, Page 121, as .. .. further amended by an Eighth Amendment to Declaration Plan recorded in Right of Way Plan Book 12, Page 143, as further amended by a Ninth Amendment to Declaration Plan recorded in Right of Way Plan Book 13, Page 27, as further amended by a Tenth Amendment to Declaration Plan recorded in right of Way Plan Book 13, Page 42, as further amended by an Eleventh Amendment to Declaration Plan recorded in Right of Way Plan Book 13, Page 50 as further amended by a Twelfth Amendment and Thirteenth Amendment to Declaration Plan recorded in Right of Way Plan Book 13, Page 61 as further amended by a Fourteenth Amendment to Declaration Plan recorded in Right of Way Plan Book 13, Page 79. BEING know and numbered as 4755 Augusta Drive, Mechanicsburg, Pennsylvania. :181049 ~~p s: C? -. ~ ~~ ~ OJ c (") C' f-' c;:> ~:;;) <:f1 <:,0 ,-T"\ ~ l'" C) :3.. ~ ~. o -n :? ...l--n n1("" --f"' f'~ 7lr~), ~Jt~ --\ -. "b :;.::. UJ c..") N