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WAIVER OF RIGHT TO FILE MECHANICS' LIENS
.
WHEREAS, JAMES TOKARZ AND PATRICIA TOKARZ, Husband and Wife,
Owner(s), of 177 Ridge Road, Carlisle, Cumberland County,
pennsylvania 17013, entered into a contract with DCULLY
CONSTRUCTION, INC., t/d/b/a C & C CONSTRUCTION, of 5745 Spring
Road, Shermans Dale, PA 17090, to provide materials and perform
labor necessary for the construction of a dwelling house upon a
tract of land situate in Monroe Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows:
SEE ATTACHED EXHIBIT "A"
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 subcontractor or material man, nor any other
person furnishing labor or materials to the said Contractor under
his contract, shall file a lien, commonly called a mechanics'
lien, for work done or materials furnished to the said building,
improvements or any part thereof.
THIS STIPULATION is made and intended to be filed with the
Cumberland County Prothonotary within ten (10) days after date,
in accordance with the requirements of Act of Assembly of
Pennsylvania, in such case provided.
IN WITNESS WHEREOF, the said parties hereto, intending to be
legally bound hereby, have hereunto set their hands and seals
this b~ day of October, 2005.
Witness:
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[SEAL]
[SEAL]
OWNER
DCULLY CONSTRUCTION, INC., t/d/b/a
C & C CON U N
By:
(o ~ 0)
sident
CONTRACTOR
SCHEDULE "A"
ALL THAT CERTAIN tract of land, situate in the Township of
Monroe, County of Cumberland, and Commonwealth of Pennsylvania,
being more particularly bounded and described as follows:
BEGINNING at a railroad spike set in the centerline of Ridge
Road, a thirty-three foot wide road; said spike being set at a
distance of seventeen hundred feet (1700') more or less from the
intersection of Ridge Road with the centerline of Legislative
Route 125 (Pennsylvania Traffic Route 74), which spike also marks
the common point of adjoiner of the within described tract with
other lands nor or formerly of Emory Comp; thence extending in
and through the cartway of Ridge Road North twenty-eight degrees
50 minutes 30 seconds East (N 28 degrees 50 minutes 30 seconds
E), for a distance of three hundred ten and thirty-four
hundredths feet (310.34') to a railroad spike in the center of
said roadway and also in the line which divides South Middleton
Township from Monroe Township, said spike also marking he common
point of adjoiner of the within described tract with lands now or
formerly of Bernard Shugart; thence departing from the centerline
of the cartway of Ridge Road and extending along lands now or
formerly of Bernard Shugart, North eighty degrees eleven minutes
twenty-four seconds East (N 80 degrees 11 minutes 24 seconds E),
for a distance of three hundred ninety-six and no hundredths feet
(396.00') to a post at lands now or formerly of Paul Cornman;
thence by lands now or formerly of Paul Cornman the following two
courses and distances, South twenty-three degrees forty-seven
minutes zero seconds West (S 23 degrees 47 minutes 0 seconds W),
for a distance of Three hundred ninety-two and sixty-five one
hundredths feet (392.65') to a stone; thence continuing along
lands now or formerly of Paul Cornman (the distance for the first
call along Paul Cornman and reference to his property in the
second call erroneously omitted in several prior deeds) and other
lands now or formerly of Emory Comp, North eighty-seven
(erroneously referred to as eight-seven) degrees zero minutes
zero seconds West (N 87 degrees 0 minutes 0 seconds W), for a
distance of three hundred eighty-two and ten hundredths feet
(382.10') to a railroad spike set in the centerline of Ridge
Road, said spike marking the place of BEGINNING.
CONTAINING 2.712 acres, more or less, in accordance with a survey
prepared by John C. Bri1hart, Registered Surveyor, and dated
December 4, 1974.
BEING known and numbered as 177 Ridge Road, Carlisle, PA 17013,
and Tax Parcel No. 22-10-0638-005.
BEING the same premises which Wm. D. Schrack, Esquire, Successor
Trustee of the Grace W. Duncan Family Trust, by deed dated
August 10, 2005 and recorded in the Office of the Recorder of
Deeds in and for Cumberland County in Cumberland County Deed
Book 170, Page 1885, granted and conveyed unto James Tokarz and
patricia Tokarz, husband and wife.
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