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HomeMy WebLinkAbout07-0247 \. ..... 07-D:L<..{7 MkD ...- - ASSG No. 00063255 WAIVER OF LIENS WHEREAS, Joseph J. Kornucik and Barbara Kornucik, of York County, Pennsylvania, entered into a contract with Sechrist Construction Incorporated., of Cumberland County, Pennsylvania, to provide materials and perform labor necessary for completion of a residential dwelling situate upon lot of ground located: 6 Springdale Way, Mechanicsburg, PA 17050, Silver Spring 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 (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 all subcontractors, materialmen and suppliers prior to providing any labor or material by them to the project and will further provided 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 8th day of January, 2007. WITNESS: ~~ o ph J. 0 lk ~A- K~ Barbara Kornucik ./ ~: r/.1~ Sechrist Construction Incoft'orated E.r/~?' S~ts f; Pr~/oiM;r ... . - EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, being known and numbered as Lot No. 46 on the Final Subdivision and Land Development Plan for Sterling Glen, said Plan dated January 17, 2002 and recorded in the Office of the Recorder of Deeds of Cumberland County on May 29, 2002 in Cumberland County Plan Book 85, Page 67, and as more particularly bounded and described as follows, to wit: BEGINNING at a point at the dividing line between Lot No. 46 and Lot No. 45 at the right-of-way of Springdale Way, as appearing on the aforesaid Plan; thence continuing along the dividing line between Lot No. 46 and Lot No. 43 as appearing on aforesaid Plan, North sixty-three (63) degrees forty-three (43) minutes thirteen (13) seconds West for a distance of two hundred six and eighty-two one-hundredths (206.82) feet to a point on the dividing line between Lot No. 46 and Lot No. 49 as appearing on aforesaid Plan; thence continuing along the dividing line between Lot No. 46 and Lot No. 49 as appearing on the aforesaid Plan, and thereafter Lot No. 46 and Lot No. 48 as appearing on the aforesaid Plan South eighteen (18) degrees forty-two (42) minutes thirty-five (35) seconds West for a distance of sixty-nine and ninety-three one-hundredths (69.93) feet to a point at the dividing line between Lot No. 46 and Lot No. 47 as appearing on aforesaid Plan; thence continuing along the dividing line between Lot No. 46 and Lot No. 47 as appearing on the aforesaid Plan South seven (07) degrees four (04) minutes thirty (30) seconds East, for a distance of eighty-three and one one- hundredths (83.01) feet to a point on the right-of-way of Springdale Way North eighty-three (83) degrees nine (09) minutes forty-seven (47) seconds East for a distance of one hundred thirteen and twenty-nine one-hundredths (113.29) feet to another point on the right-of-way of Springdale Way; thence along the curb on the right-of-way of Springdale Way said curb having a radius of one hundred twenty-five (125) feet and at that point ninety-nine and eighty-nine one-hundredths (99.89) to a point at the place of BEGINNING. CONTAINING approximately 18,858 square feet, or .4329 acres more or less. BEING PART OF the same premises which Jacob Braun and Margaret Munz, co- executors of the Estate of Frederick Schlosser a/k/ a Frederick Schlosser Jr., deceased, Jacob Bruan, Margaret Munz, William M. Bierly and Lauren A. Bierly, individually, by Deed bearing date the 19th day of March, 2002, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on the 22nd day of March, 2002, in Record Book 250, Page 4538, granted and conveyed unto The Custer Company, a Pennsylvania Corporation. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. TAX MAP 38-07-0459-095 (':\ 14 ~ rt-- - .~ ~ It- ~ c '."'- - "'Q ~ ~ .....1 -....j ~ ~ -..J ~, ~ t _. ~ '\ ~ ~ ;t ~ ;. f\ ~ ~ ~ ;;; 1\ '" Cf\ , t>. ~ ('") c:: ~~:: "-> c.:. = --.J c.... ~" :;z; o .." ,J fi; ::n I -om -~~ 'Jc. Om --I ...;::> ~.o -< 0"\ :::t'l-o :z a en