HomeMy WebLinkAbout07-4084
WALTER F. NICKEL, III,
Owner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NICKEL HOMES, L.L.C., No. 07- ~~~~ MLD
Contractor
STIPULATIQN AGAINST LIENS
WHEREAS, WALTER F. NICKEL, III, of 384 Lake Meade Drive, East Berlin, Adams
County, Pennsylvania,. hereinafter referred to as Owner, is about to execute contemporaneously
herewith, a contract, with NICKEL HOMES, L.L.C., a Pennsylvania Limited Liability Company,
of 384 Lake Meade Drive, East Berlin, Adams County, Pennsylvaniafor the erection of a dwelling
on each of the residential building lots situate in South Middleton Township, Cumberland
County, Pennsylvania, bounded and described as follows:
ALL THAT CERTAIN Lot of land situate in South Middleton Township, Cumberland
County, Pennsylvania, bounded and described in accordance with Plan of West Mooreland Heights, recorded in the
hereinafter named Recorder's Office on February 26, 1976 in Plan Book 27, Page 97, as follows:
BEGINNING at a point on the northern line of 36 feet wide Webster Drive at comer of land now
or formerly of Sylvester R. Snyder and wife described in Deed recorded in the hereinafter named Recorder's Office in
Deed Book "W," Volume 18, Page 255, which point at the place of beginning is South 48 degrees West a distance
of 120 feet from the western line of 40 feet wide Garfield Drive; thence from said point at the place of beginning
along the northern line of 36 feet wide Webster Drive, South 48 degrees 30 minutes West a distance of 120 feet to
a point in line of land now or formerly of Stotler; thence along line of said land now or formerly of Stotler, North
41 degrees 30 minutes West a distance of 150 feet to a point at corner of Tract No. 1 described in Deed recorded in
Deed Book "J," Volume 25, Page 525; thence along the southern line of land formerly of Richard B. Snyder and
wife, conveyed to them by deed recorded in the hereinafter named Recorder s Office in Deed Book "O," Volume 20,
Page 491, North 48 degrees 30 minutes East a distance of 120 feet at corner of land now or formerly of William
R. Tritt and said land now or formerly of Sylvester R. Snyder and wife; thence along the western line of said land
now or formerly of Sylvester R. Snyder and wife, South 41 degrees 30 minutes East a distance of 150 feet to a
point on the northern line of 36 feet wide Webster Drive at the Place of BEGINNING.
WHEREAS, each said dwelling to be constructed is a "residential building" as defined in
section 1201 of the Mechanics' Lien Law of 1963, as amended, 49 P.S. § 1201(14); and
WHEREAS, the total contract price for the construction of all said residential buildings is
less than $1,000,000.00.
NOW, this 9th day of July, 2007, at the time of and immediately before the execution of the
principal contract dated the same date, 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 Owner, and the further consideration of
One Dollar and 00/100 ($1.00), to Contractor paid by Owner, 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 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.
It is intended that this Stipulation shall constitute a waiver of Mechanics' Liens by
Contractor and by any suppliers or subcontractors pursuant to sections 1401 and 1402 of the
Mechanics' Lien Law of 1963, as amended, 49 P.S. §§1401(a)(1) and 1402.
WITNESS, our hand and seals the day and year aforesaid.
WITNESS:
~ ~! .
WALTER F. NICKEL, III
NICKEL IiOMES, L.L.C.
BY:
Walter F. Nickel, III, Member
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