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HomeMy WebLinkAbout00-00345 ~, r ' .k DAVID R. KEISER and KATHARINE E. KEISER , Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MILLER & NORFORD, INC., Contractor NO. ;2060 - .J 4-.5" f'n4i) STIPlJLATIONAGAINST IIFNS WHEREAS, David R. Keiser and Katharine E. Keiser, husband and wife, of Camp Hill, Cumberland County, Pennsylvania (collectively the "Owner"), have executed or are about to execute contemporaneously herewith a contract with Miller & Nortord, Inc., a Pennsylvania corporation, with offices at 700 Ayers Avenue, Lemoyne, Pennsylvania 17043 (the "Contractor"), for construction of a 40' x' 50' masonry (block) building with improvements (the "Improvements") on property known and numbered as 718 Ayers Avenue, Borough of Lemoyne, Cumberland County, Pennsylvania, more particularly described on Exhibit A attached hereto, incorporated herein by reference and made a part hereof (the "Premises"). NOW, January 14, 2000, before any authority has been given by the Owner to the Contractor to commence work on the Improvements, or to purchase materials for the same, or to enter into any contracts with any subcontractors or materialmen, or to authorize any purchases by or through any subcontractors or materialmen, in consideration of the making of said contract with the Owner and the further consideration of One ($1.00) Dollar, to Contractor paid by Owner, and with the intent of all parties to be legally bound hereby, it is agreed that no lien shall be filed against the Improvements, the Premises, or any part thereof, by the Contractor or any subcontractor, or by any of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased, for the Improvements to the Premises (including hereafter changes made thereto), the right to f.-.i ,- , file liens being expressly waived. It is the full intent of the Contractor, for itself and for any subcontractors or materialmen claiming for themselves, or by, through or under the contract or the Contractor, that the right to file a mechanic's lien, under the provisions of law and/or of Acts of Assembly in such cases made and provided, for work done or materials furnished in and about the construction of the Improvements to the Premises is hereby waived. IN WITNESS WHEREOF, Owner and Contractor have executed this Stipulation Against Liens the day and year first above written. WI:E:S~ ~ut- OZlR: '~f: David R. Keiser 1!oit~ rL Katharine E. Keiser WITNESS: CONTRACTOR: ~( ':/2/~~ ( .) ecretary rJ By: (~ President F:ldawl!LMLIReal Estate Closingsl4861 - KEISER, DAVlDI10352 - AYERS AVENUElStlpulation Against Liens.doc -'_M ,_U :n: ~~ ~-"'~\h-s. , EXIDBIT A AlL THOSE CERTAIN lots of ground situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, designated and described as follows: TRACT NO.1 BEING Lot No. 141 in a Plan of Lots known as Plan No.2 of Riverton, said Lot No. 141 fronting on the north side of Aytes Street, thirty-five and five-hundredths (35.05') feet and extending back the same width to a fifteen (15') foot wide alley, known as Plum Alley, the western line of said lot having a length of one hundred thirty-six and six tenths (136.6') feet and the eastern line of said lot having a length of one hundred thirty-four and nine tenths (134.9') feet. TRACT NO.2 BEING Lot No. 142 in a Plan of Lots known as Plan No.2 of Riverton, as surveyed in Plan by A. B. Rupp, Surveyor, the said Lot No. 142 beginning at a point on the western line of Lot No. 141 where it touches the northern line of Aytes Street; thence along the northern line of Aytes Street in a westerly direction thirty- five and five hundredths (35.05') feet to a point; thence by a line at right angles to Aytes Street in a northerly direction along the line of Lot No. 143 on said Plan, one hundred thirty-eight and three tenths (138.3') feet, more or less, to the southern line of Plum Alley; thence along the southern line of Plum Alley in an easterly direction thirty-five (35') feet, more or less, to the line of Lot No. 141 on said Plan; thence along the line of Lot No. 141 in a southerly direction, one hundred thirty-six and six tenths (136.6') feet to the northern line of Ayres Street, the place of BEGINNING. TRACT NO.3 BEGINNING at a point on the north side of Aytes Street and dividing lines of Lots Nos. 140 and 141 on the hereinafter mentioned Plan of Lots; thence in a northerly direction along the eastern line of Lot No. 141, one hundred thirty-four and nine tenths (134.9') feet to a point on a fifteen (15') foot wide alley known as Plum Alley; thence in an easterly direction along the southern line of Plum Alley, seventeen and five tenths (17.5') feet, more or less, to a point; thence in a southerly direction by a line at right angles to Plum Alley, one hundred thirty-four and nine tenths (134.9') feet, more or less, to a point on the northern line of Aytes Street; thence in a westerly direction along the northern line of Aytes Street, seventeen and five tenths (17.5') feet, more or less, to a point, the place of BEGINNING. BEING Lot 141, 142 and the western one-half of Lot 140 on Plan 2, Riverton recorded in Plan Book J, Volume 4, Page 407. BEING known as 718 Ayers Avenue, Lemoyne, Pennsylvania 17043. BEING the same premises which Miller & Norford, Inc., a Pennsylvania corporation, by deed dated December 7, 1999, granted and conveyed unto David R. Keiser and Katharine E. Keiser. l.->'. ",i-,'",",L...,"~,. 'j' ~"W - ~ ~~~ 'IllliMlilffi&f1Ifililo'ir ~iW'i< >~---M'Ell!;Ii~1ii .UJ . .~- - ~ e t ~ T' 0 ~ ~ () ~\;fE S .r' i ~ ~ t' f o c 3: -om mf'~ ~:i; t352 ~6 ~o ;? 5>8 ~ , o o '- """ z 6 -n ::J ;!:1iJ] :e8 C) l. :"Jy' ?):D -,;"Cy orn ..4 CJ1 ,55 -< I.D - .. ij T '"