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HomeMy WebLinkAbout10-7232.y I O ~~ aV V' 1 `'` `~' '. f SPSS No. 00102177 ~ ~ ~ f r ~ J ~-, ~ ~ ~~' ~,' ~ ~~~ `_;, ~~'` ~, '" I7 P~~ I: ~, wArvER of i~`s~' ` `=` `` r. t A Y" x i _'_. 4~ try, tF•~..~4L.~-t&~~' _ .~,~~. WHEREAS, Kazl Ginter and Elizabeth H. Ginter, of CumberFafit~ ~s~~t~r~`;1~1A~. entered into a contract with Yanek Custom Homes Inc., of Cumberland County, PA, to provide materials and perfornn labor necessary for completion of a residential dwelling situate upon lot of ground located: 38 McCoy Lane, Carlisle, PA 17015, Dickinson Township, CUMBERLAND County, PENNSYLVANIA, as more particulazly 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 far 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 famished to the said,building or any part thereo£ 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, 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 ll 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 pmject. IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals this ~~~ day of November, 2014. WITNESS: ~~~ Kazl Ginter Elizabeth 1:I. Ginter c- '" Steve ,President Yan tom Homes Inc. t9~ i .a~sq~ga o~'~ s~~~ ~,~a EXHIBIT "A" ALL THAT CERTAIN tract of land sitaute in Dickinson Township, Cumberland County, Pennsylvania, Lot No. 112 on the Final Subdivision Plan of Callapatscinlc, Phase Three, dated December 9, 2003, revised February 26, 2004, and farther revised June 17, 2004, prepared by Dawood Engineering, Inc. and recorded November Z, 2005, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 91, Page 84, the same being numbereul 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); North eighty-one (81) thence, along the southerly lot line of Lot No. 11.3 of the lastly hereinafter referred plan, degrees twenty (20) minutes forty-one (41) seconds West two hundred sixty-six and sixty-seven hundredths Phase Two, (266.67) feet to a point located at Lot No. 101 of that certain Final Subdivision Plan for C~Ilapatscinly as recorded in Plan I3oolc 74, Page 141; thence along the westerly lot line of Lot No. 101 of tl-e above mentioned plan, North ten (l0) degrees thirteen (13) minutes forty-seven (47) seconds Wesf one hundred seventy-two and forty hundredths (172.40) feet to a point; thence along the dividing line lietween Lot No. 112 and Lot No. 111 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 (OS''deg~~~ 34 u`feet to the point a~ul place of 131EG1NNING. CONTAIN NC 46 366 squat•eufeef , orylf 064 hundredt s ( ) acres. B1J1NG THE SAME PREMISES which Wilbert L. Diehl and Shryle M. Diehl, husband and wife and D & S Custom Homes, a Parh~ership, by Deed bearing date the 7th of September,.2010, and recorded on the 24th day of September, 2010, in the Office ofu iltec Rn l eonve ed n ~ to KarhGiuter and ElizabetlCli,uGint rnhu sbmi~d and Insh•ument Number 201026787, g • Y wife. UNDER AND SUQJECT TO conditions and restrictions which now appear of record. 1'ARCGL #08-i 1-0292-098