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HomeMy WebLinkAbout03-4264wPSS No. 00004428 WAIVER OF LIENS WHEREAS, Lewis J. Opalisky,~'of Clearfield County, PENNSYLVANIA entered into a contract with Hakes Homes o~rk County, PENNSYLVANIA, to provMe materials and perform labor necessary for completion of a residential dwelling situate upon lot of ground located: South 17th Street, Camp Hill, PA 17011, Camp Hill Borough, CUMBERLAND County, PENNSYLVANIA, as more particularly set forth in Exhibit "A" attached hereto. 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 sub-contractor or material man, nor any other person furnishing labor or materials to the said contractor under this contract shall file a lien for work done or materials funfished to the said building or any part thereof. This stipulation is made and intended to be filed with the County Prothonotary within ten (10) days a~er date, in accordance with the requirements of the Act of Assembly of Pennsylvania, in such case provided. The General Contractor hereby agrees to waive any defects in the filing and indexing of this Lien Waiver in the Office of the Prothonotary where it is to be filed pursuant to Section 1402 of the Mechanics Lien Law of 1963 and agrees that it will not contest the validity of this Lien Waiver based upon any such defects and hereby a~ees to this waiver of defects on behalf of any of the Subcontractors, materialmen or suppliers that may provide any labor or materials under the General Contractors Agreement with the owner and who, but for the same, waiver, would 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 subcontractors, materialmen and suppliers prior to providing any labor or material by them to the project and 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 project. 1N WITNESS WHER_F, OF, the said parties hereto have hereunto set their hands and seals this 27TH day of August, 2003. W TI%ESS: i Brad W. Hake, Owner EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land and premises situate lying and being in the BOROUGH OF CAMP HILL, in the County of Cumberland and Commonwealth of Peunsylvania more particularly described as follows: BEGINNING at a point on the east side of 17th Street (formerly called Cumberland Street) which point is one hundred sixty (160) feet south of the southeast comer of Columbia Avenue (formerly Second Street) and 17th Street; thence in an easterly direction along the southern line of Lot No. 141 one hundred fi~y five (155) feet to a point in a twenty (20) foot wide alley;, thence in a southerly direction along the western side of said alley, forty (40) feet to a poim; thence in a westerly direction along the northern side of Lot No. 143 one hundred fifty five (155) feet to a point on 17th Street forty (40) feet to a point the place of BEGINNING. BEING the same premises which Michael J. Opalisky Married Individual by Deed dated the 1st day of April, 2003, and recorded at Cttmberland County in the Office of the Recorder of Deeds, in and for the County of Cnmberland, on the 29th day &May, 2003, in Record Book 257, Page 1274, granted and conveyed unto Lewis J. Opalisky, married individual. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. UPI NO. 01-22-0536-342