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Home My WebLink About98-03536 STIPULATION AGAINST LIENS 7u.9J'. ,").3(,. /J?/.. IJ ~ THIS AGREEMENT made and concluded this 23rd day of June, 1998, between NICHOLAS C. MALLIOS and LINDA L. MALLlOS, husband and wife, of 850 North Hanover Street, Carlisle, Pennsylyania 17013, and WILLIAM Sl\HTH and ALEXANDRA MALLIOS SMITH, husband and wife, of 1833 Eagles Ridge Terracc, Hiddcn Valley, Pennsylvania 15502, hereinafter whether singular or plural called party of the first part or Owner. AND WALTER F. NICKEL, III, t/d/b/a NICKEL HOMES, of 913 Armstrong Road, Carlisle, Pennsylvania 17013, hereinafter called party of the second part or Contractor. WHEREAS the said parties have by a duly executed Agreement under seal, bearing even date herewith, entered into a written contract for the erection, construction, and completion of a two story dwelling house to be erected on property 0 f Owner located in Penn Township, Cumberland County, Pennsylvania. with mailing address of 75 I Centerville Road, Newville, Pennsylvania (see property description 011 the reverse hereot). NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration of One ($ l.DD) Dollar to him in h.llld paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby, covenant, promise, and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, materialman, or laborers for work done, or materials furnished under said contract or by any other party acting through or under them or any of them for and about said building or buildings or any part thereof, or on credit thereof,k and that all sub-contractors, materialmen and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials of any kind whatever against Owner for any work done or labor or materials furnished under said contract for and about the erection, construction, and completion of said buildings as aforesaid, or under any contract for extra work or for work supplemental thereto or otherwise. AND this Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction, and completion of the said building or buildings as any work and labor done and materials furnished under the conU'act aforesaid. AND in order to give the Owner full power and authority to protect himself and the lot or lots of ground against any and all claims !iled by the Contractor or anyone action under or through him or it in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it or any of the said Courts of Common Pleas as Attorney for him, them, or it and in him, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-Contractor or Materialman, or Materialmen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Materialman, or in his or their name against said building or buildings, lot or lots of ground or any part thereof and for such act, or acts this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the Authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above written. NI~~YQ/ Walter F. Nickel, III ;::.::::> (SEAL) BY: ."- "--- '- Ni.cholas C. allios ". . 01c/,.)(-1 v~ ,'y(\\I,_~.1ID"J Lin~~aJJi ~ r S* - Wtlliam SmIth ~ (l1J>.'(J/th "YI1()_(JR.{"'4~);r,~,.I-. Alexandra Mallios Smith (SEAL) (SEAL) (SEAL) . (SEAL) ALL THAT CERTAIN lot of land situatc in Pcnn Township, Cumberland County, Pennsylyuniu, bounded und described in uccordunce with Minor Subdiyision Plun for Nicholas Mallios prepared by Eric L. Diffenbaugh, Pl'Ofessionul Lund Surycyor, duted Augusl 4, 1997, a copy of which consisting of two puges is recordcd in the hcreinafternumed Rccorder's orncr in Planl300k 76, Page 116, which plan is incorporated hcrein by refcrence, as follows: BEGINNING at an existing P.K. nail in Ihe centcrhne of 140 feet wide S.R. 0233, known as Centerville Road, at corner of land now or formerly of Richard G. and Shelva G. Mains; thence from said nuil at the Place of Beginning along line of said land now or formerly of Richard G. and Shelva G. Mains, North 36 degrees 30 minutes 10 seconds East a distance of 710.00 feet to an iron pin set at corner common to Lot No.2, said land of Mains and land of Nicholas Mallios; thence ulong the dividing line between said Lot No.2 and said 1,lI1d of Nicholus Mallios. the following two courses and distunces: (I) South 53 degrees 29 minutes 50 seconds East u distunee of 320.00 feet to a concrete monument; and (2) South 47 degrees 22 minutes II s(~conds West a distance of 745.58 feet to a P.K. nail set in the centerline of 140 feet wide S.R. 0233 known as Centerville Road; thence along the centerline of said 140 feet wide Centerville Road, North 46 degrees 26 minutes 32 seconds West a distance of 180.80 feet to a P.K. nail at the Place of BEGINNING. 0 ..C) C'l C :~() -n ., ~.1 -= " , ....~ ,.' " ..... ,-= - i") ;'"1\ . , y' -. c .- .- , .~i C) , ....~ '. -n , t5 ;;:) CJ i-on :,;.:' :0 ~~~:~ :::2 ;':'::J co -< THE ABOVE-described lot of land contains an area of 3.8505 acres exclusive of the dedicated right-of-way of Centerville Road and is all of Lot No. 2 as shown on said Minor Subdivision Plan for Nicholas Mallios dated August 4, 1997, and recorded as aforesaid, and has the mailing address 01'751 Centerville Road, Newville, Pennsylvania 17241. SO MU C H of the above-described Lot No.2 as lies within 70 feet of the centerline of 140 feet wide S.R. 0233, known as Centerville Road, has been dedicated as a portion of the right- of-way of said Centerville Road. THE ABOVE-described lot of land is a portion of a larger tract of land which the tlUstee for Browse-A-WhileGift Shoppes, Inc., by deed dated June 13, 1977, and recorded June 13, 1977, in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book "F", Volume 27, Page 486, granted and conveyed to Nicholas Mallios, who with his wife, Linda L. Mallios, two of the party of the first part herein. ~ .. -... c e (:) t tf ,.. t ..J -,., ..... fl c