HomeMy WebLinkAbout03-0193/- J153
WAIVER OF LIENS
Wh,- £AS, Ross H. Failor Jr. and Tammy S. Failor, of Adams County, Pennsylvania, entered into a contract
with Russ Wilson & Co., of Cumberland County, Pennsylvania, to provide materials and perform labor
necessary for completion of a residential dwelling situate upon lot of ground located:
Wildwood Road Lot 4-B, Newville, PA 17241, Upper Frankford 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 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
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 30th day of
December, 2002.
WITNESS:
Ross H. Failor Jr.
Tammy S. F~ilor
~u~ssell V~i~son IITP~e-r- '
Leon~d Sc~effi~er
EXHIBIT "A"
ALL THAT CERTAIN lot of ground situate in UPPER FRANKFORD TOWNSHIP., Cumberland County, Pennsylvania, being all of
Lot 4-B as shown on the Land Subdivision for Leon P. Kline, dated April 26, 2000, by Carl D. Bert & Associates, and recorded in the
Recorder of Deeds Office in and for Cumberland County, Pennsylvania, Plan Book 81, Page 97, being more particularly bounded and
described as follows:
BEGINNING at an existing railroad spike at the edge of Wildwood Road, Township Route 449 and lands now or formerly of Vincent
E. Washington, thence over the road way of Wildwood Road, Township Route 449, North eighteen (18) degrees thirty (30) minutes
zero (00) seconds West, a distance of two hundred twenty and eighty-one hundredths (220.81) feet to an existing railroad spike;
thence continuing by lands of Grantor and Wildwood Road, Township Route 449, North seven (07) degrees zero (00) minutes zero
(00) seconds West, a distance of three hundred eighty-one and ten hundredths (381.10) feet to a parker kahlon nail at the comer of
Lot 4-A of the said subdivision plan; thence along the said Lot 4-A South eighty-nine (89) degrees fifty-five (55) minutes fifty-one
(51) seconds East, a distance of eight hundred eight and eighty-three hundredths (808.83) feet to passing through an iron pin set
twenty-three and seventy-one hundredths (23.71) feet from the aforesaid parker kahlon nail to an iron pin; thence along lands now or
formerly of James L Rensvold South zero (00) degrees four (04) minutes nine (09) seconds West, a distance of four hundred eighty-
three and forty-three hundredths (483.43) feet to an existing iron pin; thence continuing by said lands South nine (09) degrees five
(05) minutes twenty-eight (28) seconds East, a distance of seventy-four and seventeen hundredths (74.17) feet to an existing iron pin;
thence along lands now or formerly of Vincent E. Washington South eighty-seven (87) degrees thirty-three (33) minutes twenty-five
(25) seconds West, a distance of seven hundred four and nine hundredths (704.09) feet to an existing railroad spike passing through
an existing iron pin set thirteen and seventy-seven hundredths (13.77) feet from the aforesaid existing railroad spike, the point and
place of BEGINNING. CONTAINING 10.08031 acres, more or less. BEING all of Lot No. 4-B on Subdivision Plan for Leon P.
Kline, dated April 26, 2000, and recorded in Cumberland County Plan Book 650, Page 820.
BEING THE SAME premises which Leon P. Kline and Joan Kline, husband and wife, by Deed dated the 22nd day of June, 2001, and
recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 25th day of
June, 2001, in Record Book 247, Page 458, granted and conveyed unto Ross H. Failor, Jr. and Tammy S. Failor, husband and wife.
UNDER AND SUBJECT TO restrictions and conditions as now appear of record.
UPI NO. 43-04-0385-075