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HomeMy WebLinkAbout01-03165 ~ ...10 WPSS No. oaOOl270 " , , ~' ~ ~ ' ".h~1 . . ~~~ ~'11 - \ 71..t>. 01_ 31 (. 5' 1'1'/.1.. 0 J.L<.- W AlVER'OFLIENS WHE~A:$. Car~~. Westbro<lk and Judith A. Westbrook, of Cumberland County, Pennsylvania, enteredmtoa contract' Wl!~ S" &,'ACustom Bhilt Homes, !nc,. of Cufhberland County, Pennsylvariia, to provide materials and perform lli@brnecessary for corl,pletion of a residential dwelling situate upon lot of ground located: 40 Knoll L'le::,: '~iUe. PA ~7241, Upper Frankford Township, Cumberland COlmty, PENNSYLVANIA, as more pamcl/Ill!'ly set forth ill E~bit "A" attachedhcreto. NOW, ~,' ',' ~FP){E, it is hereby stipulated and agreed, by and between the said parties, as part of the said :: !',:, , I , , cont:raet: llIIC\ for t~e CQrisideration therein set forth, that neither the undersignedeen\facter. any sub.contra!;tor or material mlth, nor:aay other person furnishing labor or materials to the said centractor under this cont):'act shall file alien for worlu:lone or materials furnished to the:: said building or any part thereof. ~ : ( This stipula~onis:Uf<lde and intended to be filed with the:: County Prothonotary within ten (10) days after date, in accorda11lile j.vithtlle;requiremertts oCthe Act of Assembly of Pennsylvania, in such case provided. The-General Contractor hereby agrees t~) waive any defects in the filing and indexing of this Lien Wa,iver in the Office of In!, Prothonotary where it is to be filed pursuant to Section 14020fUle Mechanics Lien Law of 1963 and agJees that it wilt not contest the validity of this Lien Waiver based upon any such defects and hereby agrees to this waiver of defects on behalf of any of the Subcontractors, materialmen or suppliers that may provide any labo~ or, materials under tbe General Contractors Agreement with the owner and who, but for the same, waiVer, WO)lld be entitled to assert Mechanics Liens against the owners property under the Mechanics Lien Law of 1963. The General Contractor also hereby agrees to provide actual Notice of the Lien Waiver to all s~~bcontractors. materialmen and suppliers prior to providing any labor or material by them to the project lIJld will further provide for a written acknowledgment by each of these persons of the Lien Waiver prior to providing any labor or materials to the pTOj ect. IN WITNESS WHBREOF, the said parties hereto have hereunto set their hands and seals this 21st day of May, 2001. WITNESS: ~Jlir~#' Carl B. Westbrook ~ -~~~ ~AW~k Donald W. Thompson, ,-~, , I "EXHIBIT A" " '.- " ,~t"" T ~ t .~ ALL THAT CERTAIN tract of land situate in UPPER FRANKFQRD TOWNSHIP, Cumberland County, \ PeIUlsylvania bounded and described in accordance with a survey prepared by Dean A. Smith, II, Professional \ Land Swveyor, dated July 8, 1998, a copy of which is attached hereto; BEGINNING at an iron pin set in tbe line of lands now or formerly of Leonard Seibel; thence along the lands now or formerly of Seibel, South eighty-three (83) degrees twenty-eight (28) minutes 7,ero (00) seconds West, one hundred sixty-two and zero one-hundredths (162.00) feet to an iron pin; thence continuing along the lands now or formerly of Seibel, South sixty-eight (69) degrees six (06) minutes fifteen (15) seconds West, seventy- three and twenty-two one-hundredths (73.22) feet to an iron pin; thence continuing along the lands now or formerly of Seibel, South one (01) degrees thirty-five (35) minutes forty-eight (48) seconds West, one hundred eighty-five and eighty-five one-hundredths (185.85) feet to an iron pin; thence continuing along the lands now or formerly of Seibel, South nine (09) degrees thirty-seven (37) minutes eighteen (18) seconds East, two hundred thirteen and zero one-hundredths (213.00) feet to an iron pin on the line of lands now or fonnerly of William A. Ellerman; thence along the lands now or formerly of Ellennan, South eighty (80) degrees twenty- five (25) minutes zero (00) seconds West, four hundred fifty-five and thirty-one one-hundredths (455.31) feet to an iron pin on the line oflands now or formerly of Walter M. Fickes; thence along the lands now or formerly of Fickes, North twenty-two (22) degrees five (05) minutes zero (00) seconds West, one hundred ninety and ninety oOll-hundredths (190.90) feet to an iron pin; thencll continuing along the lands or formerly of Fickes North eight (08) degrees fifty-three 953) minutes twenty-seven (27) seconds East, three hundred eleven and fifty-six one.hundredths (311,56) feet to an iron pin in the line of lands now or formerly of Thomas L. McAllister; thence along the lands now or formerly of McAllister, North eighty-three (83) degrees twenty- eight (28) minutes zero (00) seconds East, six hundred seventy-one and fifty-sbc one-hundredths (671.56) feet to aD iron pin; thence South three (03) degrees twenty-five (25) minutes zero (00) seconds West, thh1y-two and six one-hundredths (32.06) feet to an iron pin at the place ofBEGlNNlNG. Containing 5.2108 acres, more or less. BEING the same premises which Ronald R, Stouffer and Susan M. Sto\\ffer, Husband and wife, by Deed dated the 9th day of August, 1999, and recorded at Cumberland County in th,e Office of the Recorder of Deeds, in and for the County of Cumberland, on the 11th day of August, 1999, in Record Book 205, Page 805, granted and conveyed unto Carl B. Westbrook and Judith A. Westbrook, Husband and wife, UNDER AND SUBJECT TO restrictions and conditions as now appear of record, UPl NO, 43-06-oo31-029E TOTAL P. 03 , ,~~):~~'.; , ntia~jn;j~~l_~~fi~ " 1'" -~~' --~ '."""'"" " ')' ,'. ,,2,_, ''_' '0-' '~ - , '.>.J:.",-"" " :i ,':1 ;!j ;~~ -'-~1 ",~r ';~' '<~ , ~, , if , ~~ " ~: ~i:' . ; -'~i () 0 C) c: -l', s '::: " ,,-, }',,"' rn c.c ~< -';"- L ..1,; r:: t..J (J) -< ~ :::" ,~ c' ,. ..:-;' , ;f.:= (-" ,,,-, ..'> C r.D Z ::::> sj ::t :::0 -< ~ 'li, "- '" J ~- 'l1 r ~ f - -, ~ ~. W ,..~ " 1~ ~ ,'," "J '<1 :-~ '\ ,(' f"r , , ,< ..", ~~=, ., ~," ~. '"-~-, t ..