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HomeMy WebLinkAbout02-3155STIPULATION A~AINST LIEN~ MICHAEL A. RICE ~ CYNTHIA L. RICE, Owner Vo JIM MILLER CUSTOM BUILDER, INC., Contractor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NUMBER.~~ TERM, 2002 WHEREAS, MICHAEL A. RICE ~ CYNTHIA L. RICE of Camp Hill, 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 ~-~'~----- , 2002 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. MiChael A. Rice Cynt~ce~( :144144 CONTRACTOR: JIM M~E~ CUSTOM BUILDER, I~NC. ichard A. Miller, PreSident Walnut Poiht, Phase I Lot #36 Legal Description · ALL THAT CERTAIN tract or parcel of land' being situated inSilver.Spr!ng Township, Cumberlanbl County, Pennsylvania, more particularly bounded and'described as follows, to wit; BEGINNING AT A POINT on the Southern right-of-way line of Stone Run Drive, a 50 foot wide right-of-way, said point being the Northwestern corner of Lot #37; thence along the Western line of said lot South 11° 55' 00" West a distance of 135.00 feet to a point on the line of land for open space; thence along said open space land North 78° 05' 00" West a distance of 85.00 feet to a point said point being the Southeastern corner of. Lot #35; thence along the Eastern line of said lot North 11° 55' 00" East a distance of 135.00 feet to a point on the Southern right-of-way line of Stone Run Drive; thence along said right-of-way line South 78° 05' O0" East a distance of 85.00 feet to a point, the PLACE OF BEGINNING. Being Lot #36 of a plan of lots I~nown as "Walnut Point, Phase I", and Containing 11,475.00 square feet or 0.2634 acres. Said Pian is recorded ±n the Cuaberiand County Recorder of Deeds Office in Plan Book 76, page 85. EXHIBIT "A" 22*