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HomeMy WebLinkAbout02-2035WPSS No. 00002170 WAIVER OF LIENS WHEREAS, Jeffrey E. Deardorff and Heather Baker Deardorff, of Cumberland County, Pennsylvania, entered into a contract with McCorkel Construction Services, Inc., of Cumberland County, Pennsylvania, to provide materials and perform labor necessary for completion of a residential dwelling situate upon lot of ground located: 613 Adams Road, Carlisle, PA 17013, 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 work done or materials furnished 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 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 Li~n 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. IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals this 22nd day of April, 2002. WITNESS: ~seph B. McC°rkel, President EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the TOWNSHIP OF DICKINSON, in the County of Cumberland, Commonwealth of Pennnylvania, in accordance with a Final Subdivision Plan No. 2, of Briarwood, dated February 6, 1979, and recorded in Cumberland County Records in Plan Book 34, Page 144, as follows: BEGINNING at a point on the northern dedicated fight-of-way line of Township Road T-477 (Adams Road) at the southwestern comer of Lot No. 15 on the above-mentioned plan of lots; thence by the northern dedicated right-of-way line of said Township Road T-477 (Adams Road) South sixty-two (62) degrees twenty-three (23) minutes West, one hundred fifl3r (150) feet to a point on the northern dedicated right-of-way line of said Township Road T-477 (Adams Road); thence by Lot No. 17 on the above mentioned Plan of Lots, No,da twenty-seven (27) degrees thirty-seven (37) minutes West two hundred seventy-one and forty-seven one-hundredths (271.47) feet to a point in line of other lands of James I. Savarin and Constance E. Mayo; thence by other lands of James I. Savarin and Constance E. Mayo, North sixty-one (61) degrees fif~y-five (55) minutes East, one hundred fifty (150) feet to a point at the northwestern corner of Lot No. 15 on the above-mentioned plan of Lots; thence by said Lot No. 15, South twenty-seven (27) degrees thirty-seven (37) minutes East, two hundred seventy-two and sixty-nine one-hundredths (272.69) feet to a point on the northern dedicated right-of-way line of Township Road T-477 (Adams Road), the Place of BEGINNING. BEING the same premises which Launy J. Osche, Jr. and Mary A. Osche, his wife, by Deed dated the 31st day of July, 1995, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 1st day of August, 1995, in Record Book 125, Page 1140, granted and conveyed unto Jeffrey E. Deardorff and Heather Baker Deardorff, his wife. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. UPI NO. 08-10-0630-052