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STIPULATION AGAINST LIENS ._.,, :-~:~,
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354 Alexander Spring Road, Suite 1, Carlisle, Pennsylvania 17015-3122 ~ w _,
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THIS AGREEMENT, made and entered into this day of December, 2012 by and between --
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MICHAEL A. CLELAN AND MICHELE L. CLELAN, husband and' w~,
Cumberland County, Pennsylvania, party of the first part (hereinafter called Owner),
AND
DAMS CONSTRUCTION, of the Commonwealth of Pennsylvania, party of the second part
(hereinafter called Contractor).
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WHEREAS, the said parties have by a duly executed written construction agreement under seal dated prior to
execution hereof, for construction and improvements to property located at 811 Centerville Road, Penn Township,
Cumberland County, Pennsylvania.
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 ($1.00) Dollar to him in hand 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 or by any sub-contractor, materialmen 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, and that all sub-contractors, materialmen,
and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials furnished and work
and labor done, so that there shall not be any legal or lawful claim 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 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 said building or buildings as to any work and labor done and materials furnished under the
contract 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 filed by any subcontractor or anyone acting under or through him or it in violation of the foregoing covenant, the
said Subcontractor 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 them, in any of the said Courts of
Common Pleas as Attorney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of the
any Sub-Contractor or Materialman, or Material men, any and all claims or claim, lien or liens, filed by or for the any Sub-
contractor or Material man, 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
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which and where this Agreement shall have been filed shall be a su$icient exhibit of the Authority herein contained to warrant
such action, and the Subcontractor for himself, themselves, itself, do hereby remise, release and quit-claim al] rights and all
manner of errors, defects and imperfections whatsoever in entering such satisfaction or in any- wise touching or concerning the
same.
written.
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above
WITNESSES PRESENT:
By: ~ (SEAL)
Michael A. Clelan
~~ (SEAL)
Michele .Clelan
ATTEST: DAMS CONSTRCUTION
By: °~'~" r (SEAL)
Jason Davis
"Contract"
2
Exhibit A
ALL of the following tract of land situated in Penn Township, Cumberland
County, Pennsylvania shown as Lot 2 on a Final Subdivision Plan for Gregory D. Clelan
and Sheree A. Clelan, by Eric L. Diffenbaugh PLS, dated March 22, 2012 and recorded
as Plan Instrument 201224994 in the Recorder of Deeds Office of the Cumberland
County Courthouse bounded and described as follows:
BEGINNING at a set iron pin at the southwest corner of a 50-foot private right-
of-way and lands now or formerly of Nicholas Mallios, thence along lands now or
formerly of Nicholas Mallios North 46 degrees 08 minutes 44 seconds West 625.25 feet
to an existing iron pin, thence along lands now or formerly of Nicholas Mallios and
David Newswanger North 51 degrees 13 minutes 09 seconds East 949.01 feet to a set
iron pin, thence along other lands of Gregory Clelan South 39 degrees 18 minutes 04
seconds East 438.43 feet to a set iron pin, thence along the same South 50 degrees 41
minutes 56 seconds West 432.07 feet to a point, thence along the same South 22 degrees
43 minutes 30 seconds West 332.29 feet to a point, thence along the same and along the
western side of a 50-foot private right-of--way South 43 degrees 51 minutes 16 seconds
West 150.00 feet to a set iron pin the POINT OF BEGINNING.