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Home My WebLink About00-02851 ;-, -,,,,,--. _ .--J_, .".' ,',__ ,*,,""~-''' , ';'-'_:;~-i.",', -', - ,- '_h" ~"i_''':''.", -,- ',"" _ ",O',,,,," ,,~ ,,_ ,';0,,' -,.. ,'G';,~~ <,),- ''''-i'",>~'' i ,,,,; "~,,,,..""_~'" ..-", , '__"_~__ CHARLES C. PEARSON, JR and VIRGINIA M. PEARSON, Owners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA --;-] ~ ::1 , ',:j I ;1 ,I .' Ll !~I II " I: !'j v. Contractor NO. ()-O _ dJ ~5' /h J.. fJ "G- ,,1 " ;) :i ['1 KIMBOB, INC., STIPULATION AGAINST LIENS WHEREAS, Charles C. Pearson, Jr. and Virginia M. Pearson, husband and wife, of 623 Whitetail Drive, Lewisberry, York County, Pennsylvania 17339 (collectively the "Owner"), have executed or are about to execute contemporaneously herewith a contract with Kimbob, Inc., a Pennsylvania corporation, with offices at Box E, Bowmansdale, Pennsylvania 17008 (the "Contractor"), for construction of a driveway and utility trenching on or near the following described tract of land: I~ ,. :1 I., J I' 1'.-: I" Ii . [;: :~ I~I , i'j I'] ALL THAT CERTAIN tract or parcel of land being situate in Upper Allen Township, Cumberland County, Pennsylvania, shown as Lot 6 as described on a Two Lot Subdivision Plan for Gemini Equipment Business Trust dated April 13, 1999 as prepared by Melham Associates, PC, recorded in Cumberland County, Plan Book 79, Page 73, more particularly bounded and described as follows, tg ~ ~ , ,,' '", ,',' ., " ~1 BEGINNING at a point on the southern right-of-way line of East Lisburn Road (S.R. 0114), a 50 foot wide street, said point being the northwestern corner of Lands N/F Ralph S. Bailey; THENCE along the western line of said lands South 15 degrees 09 minutes 19 seconds East a distance of 661.60 feet to an iron pin; THENCE continuing along same, North 62 degrees 16 minutes 10 seconds East a distance of 837.03 feet to an iron pin; THENCE continuing along same, South 00 degrees 28 minutes 52 seconds West a distance of 171.16 feet to an iron pin; THENCE through other lands N/F of Gemini Equipment Company, the following courses and distances South 00 degrees 54 minutes 20 seconds East a distance of 365.72 feet to a point; 1) THENCE South 66 degrees 12 minutes 37 seconds West a distance of 513,24 feet to a point; 2) THENCE along a curve to the right having a radius of 725.00 feet and an arc length of 469.60 feet, said arc being subtended by a chord of South 84 degrees 45 minutes 59 seconds West a distance of 461.44 feet to a point; 3) THENCE along a curve to the right having a radius of 325.00 feet and an arc length of 408.24 feet, said arc being subtended by a chord of North 40 degrees 41 minutes 31 seconds West a distance of r d-- -- '".),--"-'~'-'-.~";"''; I' ,,'_,' ~J _ .2." _n,_. '~ ",,"-n- '- - _ "x__" '"e.;;,,,c,,-' -,';~(,.",~ _<'-'':''<:~o:;;;,>: - ,";;~~~~",;_;,<,-~--" , C,""", 381.93 feet to a point; 4) THENCE North 04 degrees 42 minutes 23 seconds West a distance of 200.74 feet to a point; 5) THENCE along a curve to the left having a radius of 775.00 feet and an arc length of 201.57 feet, said arc being subtended by a chord of North 12 degrees 09 minutes 26 seconds West a distance of 201.00 feet to a point; 6) THENCE North 19 degrees 36 minutes 29 seconds West a distance of 196.72 feet to a point; 7) THENCE along a curve to the right having a radius of 25.00 feet and an arc length of 39.27 feet, said arc being subtended by a chord of North 25 degrees 23 minutes 31 seconds East a distance of 35.36 feet to a point, said point being on the southern right-of-way line of East Lisburn Road (S.R. 0114); and 8) THENCE along said right-of-way line North 70 degrees 23 minutes 31 seconds East a distance of 392.36 feet to a point, the PLACE OF BEGINNING (the "Premises"). BEING the same premises which Robert M. Mumma, ,!I, Grantor Retained Annuity Trust by deed dated January 21, 2000, intended to be recorded, granted and conveyed unto Charles C. Pearson, Jr. and Virginia M. Pearson, husband and wife. NOW, (~lZV}l,.)'0-\ l ( , 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 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 ,- - , -"-;f:; ;i I, l~ ~i i'i ! [! f! " I I ~ I: ~ I fj !! " ~ ~ ~ i ~ I I D f~ tJ 11 " j;i m " " ',1 fi I' 11 ~ I' :' I J I~ i I' j ",__","_~;"-;...~""b' ,-.., ,. '<~"'<-"~""'- " ",,-., ", ,~- '''~''o~ h-;';,,';;_d;; ,;, ;;,;" " i~,'-,,- c,',-'-- "0" ,~- ,"'''''' ~/-, >l_~- ',;"~' ,V~'-'-'-[' _~" _, ;;:,'i'::::_",;-~' - . _ ,". O~_~ 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. ',: ~ , , , r ! ~ ~&vv' OWNER: ~s~~;;son, Jr. L'~~jff;1JLU~ i,; ~/JNl !lk4.4-U-<<- (As .) Secretary Kimbob, Inc. , ~ ~ " I f r ! , t , WITNESS: CONTRACTOR: BY:~'~ (Viee}President ~ F:latwldeedsIKimbob,stip.doc of.. ,C '''kl.';, . "~.-"',' ,,-:~ . ~c_ oil ' I &,:",,-.',,,-<,-,:-,"",,,,-!,,, '-' ,',-,,,' ,,) ~- .."../.......ililiorIirio ", .. . ,... . (") s:: -os.: IT1{R 2"..;' 2;::-0 ~~ ,,:s.:(:l ,J-'''' ~() .h. ;:;0 ~ !i ~ c::> c::> ::.t: :Do -< , co o -,., :;;1 1"7i:n .r" _ OfJ1 ,'10 C) I :-_;:jc> A4t ~_~:..J :;?(') (5rn 35 ""' 1.0 " :::> .c:- ~ p.- i ~ ~, ~~ ~r )t)~ ~v; ~ (.i - ~ c ~, .... ~ 2- ~