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HomeMy WebLinkAbout06-4977 < '" SPSS No. 00061345 )u,. 0 <.. - '4 q '11 (Y) u::rT.;_ WAIVER OF LIENS WHEREAS, Francis Ciapanna and Karen K. Ciapanna, of Perry County, Pennsylvania, entered into a contract with C. Cully, Inc., t1dlb/a C & C Construction, of Perry County, Pennsylvania, to provide materials and perform labor necessary for completion of a residential dwelling situate upon lot of ground located: 169 Old Town Road, Gardners, PA 17324, South Middleton Township, CUMBERLAND County, PENNSYL VANIA, 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 (I) 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 II 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 23rd day of August, 2006. WITNESS: sident of ., tJdlb/a C & C Construction . ... EmmIT "A" ALL THAT CERTAIN tract of timber land situate In the To_shin of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a stake in the Old Town Road, which stake is also at corner of lands now or formerly of Smith A. Logan; thence along said road the following courses and distances; South sixty-nine (69) degrees fifty (50) minutes West eighteen and two tenths (18.2) perches to a stone; South sixty-five (65) degrees West eighteen and two tenths (18.2) perches to a stone; South fifty-five (55) degrees West and eighteen and two tenths (18.2) perches to a stone; South fifty-one (51) degrees forty-five (45) minutes West twenty-four and three tenths (24.3) perches to a stone; South twenty-seven (27) degrees ten (10) minutes West seventeen and seven tenths (17.7) perches to a stone heap in line oflands formerly of Anna W. Hewitt and now or formerly of Mrs. Blosser; thence along lands of the latter South twenty-eight (28) degrees fifteen (15) minutes East one hundred forty and six tenths (140.6) perches to stones in line of lands now or formerly of D. Brandt; thence along lands of the said Brandt North sixty-four (64) degrees East fifty-four and one tenth (54.1) perches to a stone heap; thence along lands now or formerly of George Waldrick North sixty-six (66) degrees East twenty-three and nine tenths (23.9) perches to stones at line of lands now or formerly of Johnson Heirs; thence along lands of the latter North forty-eight (48) degrees forty-five (45) minutes West seventeen and six tenths (17.6) perches to a stone heap; thence along the line of lands now or formerly of Harold Sours North thirty-one (31) degrees fifteen (15) minutes West ninety and four tenths (90.4) perches to a large post; thence along lands formerly of Givler and Smith A. Logan and now or formerly of Wilson North two (02) degrees West fifty-seven and seven tenths (57.7) perches to a point, the place of BEGINNING. CONTAINING seventy-one (71) acres and twenty-five (25) perches according to a survey made by J.D. Hemminger on October 1, and 2, 1918. LESS ALL THAT CERTAIN TRACT OF land, containing fifty- two one hundreds (.52) acres as described in the Deed of Lloyd M. Brandt, et ux to Elmer A. Heiner, et ux, dated May 15, 1948 and recorded in the Cumberland County Recorder's Omce in Deed Book "U" , Volume 13, Page 558. BEING THE SAME PREMISES which Allen McCormack Sr. and Miriam E. McCormack, husband and wife and Allen McCormack Jr. and Kimberly McCormack, husband and wife and Patrick McCormack, single man, by Deed bearing date the 25th of April, 2006, and recorded on the 15th day of May, 2006, in the Office of the Recorder of Deeds In and for Cumberland County, Pennsylvania, in Record Book 274, Page 2593, granted and conveyed unto Francis Ciapanna and Karen Ciapanna, husband and wife. UNDER AND SUBJECT TO conditions and restrictions which now appear of record. 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