HomeMy WebLinkAbout10-7231~n,~a~ ~n
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SPSS No. 00102177 =~ ~ ~.- ~= ~-; ` ~ ~:."~ ~~~ ~--
WAIVER OF LI1~ ~~`~°'~ ~ ~ ~' ~ :., ~f
WHEREAS, Karl Ginter and Elizabeth H. Ginter, of Cumberla~t~ ~~~~ tl~ ~fito a contract with Nyce
Construction Inc., of Perry County, PA, to provide materials and ~'1a~9cessary for completion of a
residential dwelling situate upon lot of ground located:
38 McCoy Lane, Cazlisle, PA 17015, Dickinson Township, 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 woxk done or rnaterials furnished to the said building or any part thereof.
This stipulation is made and intended to be filed with the County Prothonotary within ten (1) days after 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 agrees
to this waiver of defects on behalf of any of the Subcontractors, rnaterialmen 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 ach~al Notice of the Lien Waiver to 11 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.
IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals this ~ 2~''"day of
November, 2010.
WITNESS:
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Karl Ginter
Elizabeth H. Ginter
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Chuck Nyce
Nyce Construction Inc. ,ep
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EXHIBIT "A"
ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, Lot No.
112 on the h'inal Subdivision flan of Callapatscink, Phase Three, dated December 9, 2003, revised February 26,
2004, and further revised Jane 17, 2004, prepared by Dawood Engineering, Inc. and recorded November 2, 2005,
in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Boolc 91, Page 84,
the same being numbered as more particularly described as follows:
BEGINNING at a point located on the westerly right-of--way line of McCoy Lane (fifty {50} foot right of way);
thence, along the southerly lot line of Lot No. 113 of the lastly hereinafter referred plan, North eighty-one (81)
degrees twenty (20} minutes forty-one (4l) seconds West two hundred sixty-six and sixty-seven hundredths
(266.67) feet to a point located at Lot No. 1.01 of tlyat certain Final Subdivision Plan for Callapatscink, Phase Two,
as recorded in Plan Boolc 74, Page 141; thence along the westerly lot line of Lot No. 101 of the above mentioned
plan, North ten (10) degrees thirteen (13) minutes forty-seven (47) seconds West one hundred seventy-two and
forty hundredths (172.40) feet to a point; thence along the dividing line between Lot No. 112 and Lot No. ll l
South eighty-one (81) degrees twenty (20) minutes forty-one (41) seconds East two hundred seventy-one and
forty-one hundredths (271.41) feet to a point; thence along the southerly right-of--way line of McCoy Lane, South
eight (08) degrees thirty-nine (39) minutes nineteen (19) seconds East one hundred seventy-two and thirty-four
hundredths (172.34) feet to the point and place of BEGINNING. CONTAINING 46,366 square feet, or 1.064
acres.
BCiNG THE SAME PR>;MISES which Wilbert L. Diehl and Shryle M. Diehl, husband and wife and D & S
Custom Nomes, a Partnership, by Deed bearing date the 7th of September, 2010, and recorded on the 24th day of
September, 2010, in the Office of the Recorder of Deeds in and for Cumberland County, Pem~sylvania, in
Instrument Number 201026787, granted and conveyed unto Karl Ginter and Clizabeth H. Ginter, husband and
wife.
UNDER AND SUBJCCT TO conditions and restrictions which now appear of record.
PARCCL #08-11-0292-098