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HomeMy WebLinkAbout03-0746STIPULATION AGAINST LIENS MICHAEL S. KENNEDY and ELLA M. KENNEDY, Owner Vo MARK SHEELY BUILDER, INC., Contractor · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA WHEREAS, MICHAEL S. KENNEDY and ELLA M. KENNEDY of 6190 Haymarket Way, Mechanicsburg, Pennsylvania, is about to execute contemporaneously herewith, a contract, with MARK SHEELY BUILDER, INC. of 330 North 30th Street, Camp Hill, Pennsylvania, for the erection of a building upon premises commonly known as LOT 2 MILLERS POINTE.,_Township SILVER SPRING, CUMBERLAND County Pennsylvania, as set forth in the deed dated /e3a~x_~. ~ .~ ~1150"~ recorded at Deed Book ~ Page _ in the Recorder's Office for CUMBERLAND County, Pennsylvania, as more specifically described in Exhibit "A" which is incorporated herein and attached hereto. NOW, February 14, 2003, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Owner 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 Contractor and the further consideration of One Dollar ($1.00), to Contractor paid by Owner, it is agreed that no lien shall be filed against the building by the Contractor, or any subcontractor, nor 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 erection of said building, the right to file such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. SIGNED AND SEALED IN THE PRESENCE OF CONTRACTOR: MARK SHEELY BUILDER, INC. By: OWNER: EXHIBIT "A" LOT #2 ALL THAT CERTAIN tract of land Pennsylvania, bounded and describe 10, 2000 (last revised June 23, 2000 A, as follows, to wit: BEGINNING at a cancmte rnnn,,,~,,~ Nellis, thence the foll,,,,~-- ,-:}'-' '~", '" (1) South eight (8) d;'''"u ,vecoumE twenty-five and of the pole of Lot Number seconds East a distance set) at the NUmber 5, {3) South eight (8) distance of six and western dedicated right-of-way degrees twelve (12) mlrtutes hundredths (21.92) feet to an 4 and the northeast corner of minutes nineteen (19) seconds (240.11) feet to an iron pin (to be western dedicated right-of-way pole of Lot Number 2, the point right-of-way line of Millers Gap Road nineteen (19) seconds East a be set) at the southeast corner ~ of-way line of Millers Gap Road lhence along the northern line off (36) minutes thirty, two hundredths (583.49) feet to an southeast corner of Lot Number degrees fltty-four and eight hundredths (225.08 2, the northeast comer of Lot I~ 4, thence along the southern line situate in Silver Spring Township, Cumberland County, ~in accordance with a Final Subdivision Plan dated February prepared by Skelly and Loy, Inc., copy attached as Exhibit to be set) which is located on the western dedicated right-of- and the southern line of lands by how or former of Bradley A. s and dislanoes along the western dedicated right-of-way line minutes twenty-eight (28) seconds East a distance of L(25.92) feet to an iron pin (to be set) at the northeast comer ~ eight (8)degrees ~ty-seven (57) minutes twen(3~eight (25.92) feet to an iron pin (to be and the southeast comer of the pole of Lot (57) minutes twenty-eight (28) seconds. East a s (6,99) feet to a concrete monument (to be set) on the Gap Road ('r-594)~ (4) South twenty-severl (27) (1.9) seconds East a distance of twenty, one and ninety.two ~ set) at the southeast corner of the pole of Lot Number and (5) South twenty-seven (27) degrees twelve (12) distance of two hundred forty and eleven hundredths at.the southeast comer of Lot Number 1, a point on the Gap Road (T-594), and the northeast comer of the BEGINNING, thence along the western dedicated t South twenty-seven (27) degrees twelve (12) minutes of thirty and one hundredths (30.01) feet to an iron pin (to nber 2, a point on the western dedicated right- and the northeast corner of the pole of Lot number 3, Number 3 North eighty-three (83) degrees thirty-six West a distance of five hundred q (to be set)eighty-three and.forty-nine at the southwest comer of Lot Number 2 and the along the eastern line of Lot Number 3 North four (4) i distance of two hundred twen -five )'an iron pin (to be set} atthe northwest comer of Lot N~Yn~ber 3, and a point on the southern line of the pole' of Lot Number pole of Lot Number 4 South eighty-three (83) degrees thirty- six (36) minutes thirty-two (32) East a distance of two hundred twenty-five and eight hundredths (225.08) feet to an (to be set) at the northeast comer of Lot Number 2, the northwest comer of Lot Number 1, a point on the southern line of the pole of Lot Number 4, · t~voenCe along the western line of Lot/NUmber I South four (4) degrees fl -four .(32.) seconds West a distance f .... '..dry (54) minutes thi - I two hundred and seven hundrea ,rty p n (to 13e set) at the southeast ~nem~, ~.~ J ~, ,~, ........... ms (200.07) feet to an cron thence al .... , ,,,--,~ num uer ~. ano ~e sou~west . ong the southern line of ~'~ t~,,,,,t,., e .......... corner of Lot Number 1, minutes thirty-two (32) secortds E~T;~.~'n;,,~..e_l~gl~'.[nr.es. (83)degrees thirty-six (36) (342.45) feet to an Iron in t -~'~-'-"-",-'~. ,u,umo ~ony-two and forty-five hundredths P ( o be ~.~ being the point and place of BEGINNING.