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WAIVER OF RIGHT TO FILE MECHANICS' LIENS
WHEREAS, RICHARD L. BROOKES, JR. and MICHELE L. BROOKES,
Owner, of 26 Hidden Noll Road, Carlisle, PA 17013, entered into a
contract with JERRY W. SWARTZ, Contractor, of 17 Lebo Road,
Carlisle, PA 17013, to provide materials and perform labor
necessary for the construction of a residential dwelling upon a
tract of land situate in West pennsboro Township, Cumberland
County, Pennsylvania, more particularly bounded and described as
follows:
SEE ATTACHED EXHIBIT "A"
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 subcontractor or material man, nor any other
person furnishing labor or materials to the said Contractor under
his contract, shall file a lien, commonly called a mechanics'
lien, for work done or materials furnished to the said building,
improvements or any part thereof.
THIS STIPULATION is made and intended to be filed with the
Cumberland County Prothonotary within ten (10) days after date,
in accordance with the requirements of Act of Assembly of
Pennsylvania, in such case provided.
IN WITNESS WHEREOF, the said parties hereto, intending to be
legally bound hereby, have hereunto set their hands and seals
this 18th day of October, 2000.
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Witness
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Richa
[SEAL]
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. Michele L. rookes
[SEAL]
ATTEST (or Witness) :
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CONTRACTOR
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ALL that certain tract of land situate in WestPennsboro
Township, Cumberland County, Pennsylvania, bounded and described
in accordance with Final Subdivision plan for Greystone Acres
consisting of nine (9) sheets prepared by Louis J. Harford,
Registered Surveyor, dated June 14, 1996, a copy of which was
recorded in the hereinafter named Recorder's office in Plan Book
72, Page 70, which Plan is incorporated herein by reference, as
follows:
BEGINNING at a point on the southern line of 50 feet wide pennway
Drive at the dividing line between Lots Nos. 24 and 25; thence
along said southern line of 50 feet wide Pennway Drive by a curve
to the right having a radius of 661.02 feet an arc distance of
435.03 feet to a point at the dividing line between Lots Nos. 23
and 24; thence by said dividing line between said Lots Nos. 23
and 24, South 57 degrees 49 minutes 19 seconds West, a distance
of 140.94 feet to a point at corner common to Lots Nos. 23 and 24
and 32; thence along the dividing line between Lots Nos. 24 and
32 and continuing along a portion of the dividing line between
Lots Nos. 24 and 31, North 84 degrees 43 minutes 18 seconds West,
a distance of 329.07 feet to a point at corner common to Lots
Nos. 24 and 25 and 31; thence along the dividing line between
said Lots Nos. 24 and 25, North 20 degrees 06 minutes 51 seconds
East, a distance of 333.83 feet to a point on the southern line
of 50 feet wide pennway Drive at the place of BEGINNING.
THE ABOVE-described lot of land is all of Lot No. 24 as shown on
said Final Subdivision Plan for Greystone Acres, recorded in Plan
Book 72, Page 70, and contains an area of 2.11 acres, more or
less.
UNDER AND SUBJECT TO conditions, easements and restrictions shown
on said Final Subdivision Plan for Greystone Acres and
restrictions of record.
BEING the same premises which Albert C. Kuhn and Edith B. Kuhn,
his wife, by their deed dated August 10, 1998 and recorded in the
Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania in Deed Book 183, Page 217, granted and conveyed to
Richard L. Brookes, Jr. and Michele L. Brooks, his wife,
Mortgagors herein.
Exhibit "A"
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