HomeMy WebLinkAbout96-02376
.
BR&R DESIGN ASSOCIATES.
Owner
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY.
PENNSYLVANIA
v.
NO.:1f.t J37~) MLD
KINZER CONTRACTING,
Contractor
CONTRACTOR'S WAIVER OF LIENS
THIS AGREEMENT made this Jt day of tv\~wdl. 1996. between BR&R design
associates. a general partnership, of the City of Harrisburg. Dauphin County, PeMSylvania
("Owner"). and Kinzer Contracting. a Pennsylvania Sole Proprietorship, with offices at West
Main Street. McAlisterville. Perry County. Pennsylvania ("Contractor").
WHEREAS. by a duly executed written agreement bearing even date herewith (the
"Contract"), Owner and Contractor have contracted for the rough framing of home for the 1996
Home-A-Rama home (the "Home") on Lot #32. Phase III. The Peninsula Development, Silver
Spring Township. Cumberland County. Pennsylvania (the "Property"), said Property being more
particularly described in deeds recorded in the Cumberland County Recorder of Deeds Office
at Record Book ~, Page m. which is by this reference. incorporated herein, and;
WHEREAS, authorization has not yet been given by Owner to Contractor to
commence its work or purchase materials for same; and
WHEREAS, work has not commenced on the Home or Property and no labor or
materials have been delivered to the Property or furnished for the Home by Contractor or any
sub-contractor or materialmen.
NOW, THEREFORE, the Contractor, for himself. his heirs and assigns and
anyone else acting or claiming through or under him, for and in consideration of Ihe Contract
and the considerations mentioned therein, and intending to be legally bound hereby, does hereby
agree as follows:
1. Waiver of Lien. Contractor hereby waives and relinquishes all rights to
file a mechanics' lien. claim or notice of intention to file any lien or claim and does hereby
covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind
whatsoever shall be filed or maintained against the Home or the estate or title of Owner in the
Property as described in the Deed Book descriptions as referred to above or the curtilage or
curtilages appurtenant therelo. by Of in the name of Contractor or any sub-conlractor.
materialmen or laborers for work done or materials furnished under the Contractor or by any
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