HomeMy WebLinkAbout97-01861
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WAIVER OF RIGHT TO FILE MECHANICS' LIENS
WHEREAS, RONALD J. NICKEL and MELVA C. NICKEL, Owner, of
101 Yates Street, Mt. Holly Springs, PA 170G5, entered into a
contract wi th S & A CUSTOM BUILT HOMES, INC., Contractor, of 1147
Harrisburg Pike, Carlisle, PA 17013, to provide materials and
perform labor necessary for the construction of a residential
dwelling upon a tract of land situate in the Borough of Mt. Holly
Springs, Cumberland County, Pennsylvania, more particularly
bounded and described as follows:
SEE ATTACHED EXHIBIT "A"
NOW, THEREFORE, it is hereby stipulated and agreed by and
between the said parties, as part of the said contract and for
the consideration therein set forth, that neither the undersigned
Contractor, any subcontractor or material man, nor any other
person furnishing labor or materials to the said Contractor under
his contract, shall file a lien, commonly called a mechanics'
lien, for work done or materials furnished to the said building,
improvements or any part thereof.
THIS STIPULATION is made and intended to be filed with the
Cumberland County Prothonotary within ten (10) days after date,
in accordance with the requirements of Act of Assembly of
Pennsylvania, in such case provided.
IN WITNESS WHEREOF, the said parties hereto, intending to be
legally bound hereby, have hereunto set their hands and seals
this ct-ll.. dayof I\p'i\ ,1997.
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Witness tI
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/ OWNER
ATTEST (or Witness) :
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S & A CUSTOM BUILT HOMES
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By:
TRACT NO.1. ALL that certain tract of land situate in Mt. Holly Springs,
Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a railroad spike in the center of the Highway leading from the
Carlisle-Hanover Pike (Upper Holly) to Gettysburg; thence along lands of
Millicent L. Kitzmiller South 480 15' East a distance of 754.7 feet to an iron
pipe; thence by same South 720 West a distance of 188 feet to an iron pin;
thence along lands of William A. McGrath North 410 45' East a distance of
117.3 feet to an iron pin; thence by same North 420 15' West a distance of
161.5 feet to an iron pin; thence by same South 530 30' West a distance of
277.5 feet to an iron pin in the center of a private driveway; thence by the
center of the said private driveway North 170 West a distance of 143.9 feet to
an iron pipe; thence by same North 320 15' West a distance of 74.4 feet to an
iron pin; thence by same North 520 West a distance of 103.9 feet to a railroad
spike in the center of said Highway leading to Gettysburg; thence by the
center of said Highway North 50 45' East a distance of 241.2 feet to a
railroad spike, the place of BEGINNING.
CONTAINING 2.36 acres. more or less.
This description is taken from a survey prepared by T. Elliott Middleton,
Registered Surveyor, dated November 9, 1954.
TRACT NO.2: ALL that certain tract of mountain land situate in South
Middleton Township, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at an iron pin in the center of a private driveway; thence by same
North 100 West, a distance of 119 feet to an iron pin; thence along lands now
or formerly of Millicent L. Kitzmiller, North 530 30' East, a distance of
277.5 feet to an iron pin; thence by same South 420 15' East, a distance of
161.5 feet to an iron pin; thence by same South 410 45' West, a distance of
117.3 feet to an iron pin; thence by same South 720 West, a distance of 243
feet to an iron pin in the center of said private driveway and the place of
BEGINNING.
CONTAINING 1.15 acres, more or less.
TOGETHER with a perpetual right-of-way 10 feet wide over an old mountain
logging roadway from the Northeast corner of the above described tract to a
point in the center of the public road leading from upper Mt. Holly Springs to
Gettysburg by the various courses and distances. to wit: North 660 West, 71.6
feet; North 850 30' West. 67.6 feet; North 600 30' West, 94 feet; South 820
30' West, 129 feet; North 530 30' West. 64.2 feet, the total distance being
426.4 feet.
This description is taken from a survey prepared by T. Elliott Middleton,
Registered Surveyor, dated November 4, 1953.
BEING the same premises which G. Richard Keim, Executor of the Estate of
William A. McGrath, deceased, by his deed dated December 29, 1986 and recorded
in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania in Deed Book "M", Vol. 32, Page 449, granted and conveyed to
Ronald J. Nickel and Melva C. Nickel, his wife, Mortgagors herein.
Exhibit "A"
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