HomeMy WebLinkAbout02-5867ALAN J. KEMERY AND
CAROL T. KEMERY, his wife
Owners
vs.
FINDLEY CONSTRUCTION
Contractor
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.
STIPULATION AGAINST LIENS
WH4EREAS, Alan J. Kemery and Carol T. Kemery, his wife, are about to execute
contemporaneously herewith, a contract, with Findley Construction {Findley) for
the excavation upon:
ALL THAT CERTAIN tract of land situate in Silver Spring Township,
Cumberland County, Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point on the West Dedicated Right-of-Way Line of Old Stone
House Road (S.R. 2002) at a common property corner of Lot #3 and Lot %4 of the
Final Subdivision Plan of 131 Old Stone House Road, Silver Spring Township,
Pennsylvania; thence from said point of beginning along the Western Dedicated.
Right-of-Way line of Old Stone House Road (S.R. 2002) by a curve, curving to the:
left, having a radius of 12,585.00 feet and an arc length of 38.79 feet (with a
chord bearing of South 26 degrees 09 minutes 40 seconds East, and a chord
distance of 38.79 feet) to a point; thence continuing along the Western Dedicated
Right-of-Way Line of Old Stone House Road South 26 degrees 14 minutes 58 seconds
East, a distance of 162.14 feet to a point at a common property corner of Lot %4,
and Lot #5; thence along Lot %5 and Lot #7 South 62 degrees 44 minutes 00 seconds
West, a distance of 871.21 feet to a concrete monument a common property corner
of Lot %4, Lot #7, and lands now or late of Sharon M. and Steven A. Goode; thence
along lands now or late of Sharon M. and Steven A. Goode, lands now or late of
Wayne E. Spahr and a portion of lands now or late of Charles JE. Hampson North
04 degrees 27 minutes 25 seconds East, a distance of 503.69 feet to a point at
a common property corner of Lot ~2, Lot ~4, and lands now or late of charles E.
HampSOn; thence along Lot ~2 North 64 degrees 50 minutes 30 seconds East, a
distance of 163.94 feet to a point at a common property corner of Lot ~2, Lot ~3,
and Lot ~4; thence along Lot ~5 south 25 degreeS 09 minutes 30 seconds East, a
distance of 204.94 feet to a point; thence continuing along Lot ~3 North 64
degrees 50 minutes 30 seconds East, a distance of 454.00 feet to a point on the
Western Dedicated Right-of-WaY Line of old Stone Rouse Road (S.R. 2002), said
point being the point of BEGINlqING.
sAID LOT coNTAINS 218,586.90 square feet [5.0181 acreS) to the Dedicated
House
Right-of-Way'
IT BEING Lot No. 4 of the Final subdivision plan of 131 old stone
Road for Arnold C. and sandra A. Shaw, as recorded in the office of the Recorder
of Deeds for cumberland County, Pennsylvania, in plan Book 82, Page 71.
BEING pART OF THE SA~ pREMISES which Arnold C. Shaw and Sandra A. Shaw,
husband and wife, of cumberland county, pennsylvania by deed dated February 22,
2001in the office of the Recorder of Deeds in and for cumberland County,
pennsylvania, in Deed Book 32M, Page 1074, granted and conveyed unto Alan J-
Kemery and Carol T. Kemery, husband and wife, Grantors herein.
NOW, December ~--' 2002, at the time of and immediately before the
execution of the principal contract, and before any authority has been given by
said OwnerS to the said Contractor to commence work on the said building, or
purchase materials for the same in consideration of the making of the said
contract with Findley, and the further consideration of One Dollar, to Contractor
paid by OwnerS, it is agreed that no lien shall be filed against the building by
the Contractor, or any sub-contractor, nor by any of the material men or workmen
or any other persons for any labor, or materials purchased, or extra labor or
materials purchase for the erection of said building, the right to file such
liens being expressly waived.
Sealed and Delivered aforesaid.
~he Presence of
leases, kemeryFINDLEYk, sal
Findley Construction
~e) President